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UBC Theses and Dissertations
Aboriginal fishing rights, Sparrow, the law and social transformation : a case study of the Supreme Court of Canada decision in R. v. Sparrow Sharma, Parnesh
Abstract
Aboriginal rights, and aboriginal fishing rights in particular, are topics which elicit a variety of responses ranging from the positive to hostile. In British Columbia, fish is big business and it is the fourth largest industry in the province. The stakes are high and the positions of the various user groups and stakeholders are clearly demarcated. The fight over fish has pitted aboriginal groups against other aboriginal groups as well as against the federal government and its department of fisheries and oceans - however, the fight becomes vicious, underhanded, and mean spirited when the aboriginal groups are matched against the commercial industry. In an attempt to even the odds the aboriginal peoples have turned to the courts for recognition and protection of what they view as inherent rights - that is a right to fish arising out of the very nature of being an aboriginal person. Up until the Supreme Court of Canada decision in R. v. Sparrow aboriginal rights had been virtually ignored by both the courts and the state. However Sparrow changed all that and significantly altered the fight over fish. And that fight has become a virtual no-holds barred battle. The Sparrow decision remains to this day one of the most important Supreme Court decisions pertaining to aboriginal rights. This thesis is a case study of Sparrow - it will examine the decision from a perspective of whether subordinate or disadvantaged groups are able to use the law to advance their causes of social progress and equality. The thesis examines the status and nature of aboriginal fishing rights before and after the Sparrow decision. The thesis will examine whether the principles of the decision have been upheld or followed by the courts and the government of Canada. Data will consist of interviews with representatives of the key players in the fishing industry, namely, the Musqueam Indian Band, the Department of Fisheries and Oceans, and the commercial industry. In brief, the findings of my research do not bode well for the aboriginal peoples - the principles of the Sparrow decision have not been followed by the government of Canada and aboriginal fishing rights remain subject to arbitrary control. The thesis will examine why and how this happened.
Item Metadata
Title |
Aboriginal fishing rights, Sparrow, the law and social transformation : a case study of the Supreme Court of Canada decision in R. v. Sparrow
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Creator | |
Publisher |
University of British Columbia
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Date Issued |
1996
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Description |
Aboriginal rights, and aboriginal fishing rights in particular, are topics which elicit a
variety of responses ranging from the positive to hostile. In British Columbia, fish is big
business and it is the fourth largest industry in the province. The stakes are high and the
positions of the various user groups and stakeholders are clearly demarcated. The fight over fish
has pitted aboriginal groups against other aboriginal groups as well as against the federal
government and its department of fisheries and oceans - however, the fight becomes vicious,
underhanded, and mean spirited when the aboriginal groups are matched against the commercial
industry.
In an attempt to even the odds the aboriginal peoples have turned to the courts for
recognition and protection of what they view as inherent rights - that is a right to fish arising out
of the very nature of being an aboriginal person. Up until the Supreme Court of Canada decision
in R. v. Sparrow aboriginal rights had been virtually ignored by both the courts and the state.
However Sparrow changed all that and significantly altered the fight over fish. And that fight
has become a virtual no-holds barred battle.
The Sparrow decision remains to this day one of the most important Supreme Court
decisions pertaining to aboriginal rights. This thesis is a case study of Sparrow - it will examine
the decision from a perspective of whether subordinate or disadvantaged groups are able to use
the law to advance their causes of social progress and equality. The thesis examines the status and nature of aboriginal fishing rights before and after the
Sparrow decision. The thesis will examine whether the principles of the decision have been
upheld or followed by the courts and the government of Canada. Data will consist of interviews
with representatives of the key players in the fishing industry, namely, the Musqueam Indian
Band, the Department of Fisheries and Oceans, and the commercial industry.
In brief, the findings of my research do not bode well for the aboriginal peoples - the
principles of the Sparrow decision have not been followed by the government of Canada and
aboriginal fishing rights remain subject to arbitrary control. The thesis will examine why and
how this happened.
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Extent |
7937951 bytes
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Geographic Location | |
Genre | |
Type | |
File Format |
application/pdf
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Language |
eng
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Date Available |
2009-02-17
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Provider |
Vancouver : University of British Columbia Library
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Rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
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DOI |
10.14288/1.0087176
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URI | |
Degree | |
Program | |
Affiliation | |
Degree Grantor |
University of British Columbia
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Graduation Date |
1996-11
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Campus | |
Scholarly Level |
Graduate
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Aggregated Source Repository |
DSpace
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Item Media
Item Citations and Data
Rights
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.