jigging salmon/fishing in a closed area

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Does an annual AFS fisheries agreement constitute justification for infringement - duty to consult with respect to enforcement actions. - jigging salmon/fishing in a closed area - Offences - stay of proceedings for failing to consult prior to commencing enforcement proceeding Aboriginal Rights/Defences - What principles of interpretation apply to Aboriginal Fisheries Strategy ("AFS") Agreements

R v. Martin, 2016 NSPC 14

In Aboriginal Rights/Defences, Fish Cases, Miscellaneous, Offences on August 10, 2016 (Updated August 10, 2016)

The summary as included in the judgement is as follows: Beginning in 1994 and in each ensuing year the federal Department of Fisheries and Oceans entered into Agreements with the Waycobah First Nation concerning, among other things, a food, social and ceremonial fishing allocation to members of that aboriginal community. These Agreements emanated from an Aboriginal Fishing Strategy created in …

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