In Lax Kw’alaams Indian Band v. Canada (Attorney General), 2011 SCC 56, the Supreme Court of Canada recently (Nov. 10) dealt a serious blow to any tribes wanting to engage in commercial fisheries within their traditional territories. The unanimous, 7 judge court (McLachlin, Binnie, LeBel, Deschamps, Abella, Charron, and Rothstein) rejected a claim to possession (under s. 35) of an aboriginal right to fish commercially all species in their traditional territories. Before contact with the newcomers, the Lax Kw’alaams Indian Band fished off their ancestral coast for thousands of years, regularly traded fish grease extracted from the eulachon, as well engaged in occassional trade in other fish and fish products. As such, the Lax Kw’alaams sought a declaration as to their aboriginal rights to engage in commercial fishing. The trial judge and later, the British Columbia Court of Appeal, rejected their claim. The Supreme Court followed suit – and Justice Binnie (shouldn’t he be gone by now?), writing for the court, agreed with the lower courts.
fishing rights
US v. Washington — Culverts Materials
In August, Judge Martinez granted the Stevens treaty tribes’ motion for summary judgment in the culvert subproceeding. Here are some of those materials:
Tribal Motion for Summary Judgment
Turtle Talk 