These summaries are prepared by Brad M. Caldwell,
401-815 Hornby Street,
Vancouver, B.C.,
V6Z 2E6.
Telephone (604) 689-8894 -
Facsimile (604) 689-5739 -
E-mail: bcaldwell@admiraltylaw.com
Copies of many of the
decisions referred to can be obtained from the web site of the
Canadian Legal Information
Institute. At this site, these cases can also be noted up using the Reflex
Record to determine whether they have been changed upon appeal.
Riparian Fishing
Rights - Modified by Statute
Beaulieu
v. New Brunswick [2003] N.B.J. No.
458, 2003 NBCA 92
Riparian fishing Rights - Aboriginal Claim to fishing rights
based upon ad medium filum aquae
Aboriginal Fishing rights - Ad Medium Fulum Aquae
R. v. Nikal [1996] S.C.R. 1013, 133 D.L.R. (4th) 658
[link]
Editor's Note: See also "Riparian
Rights and Public Foreshore Use in the Administration of Aquatic Crown
Land" Occasional Paper NO. 5 Revised March 1995
Province of British Columbia
(link) [If this link does not work, the paper can be
accessed by searching the British Columbia Ministry of Agriculture and
Lands website]
For a historical case involving upholding the
public right to fish for clams in the foreshore see: Donnelly v.
Vroom [1907] N.S. Reports 327 (N.S.C.A.)
See Paper: CONFLICTS WITH MARINA OPERATORS
- THE PUBLIC RIGHT OF NAVIGATION AND RIPARIAN RIGHTS OF ACCESS COLLIDE
by Brad Caldwell Mariner Life October 2007
(link)
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