R. v. Van der Peet

[1996] 2 S.C.R. 507 (1996)

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R. v. Van der Peet

Canada Supreme Court
[1996] 2 S.C.R. 507 (1996)

KS

Facts

In Canada, fishing, particularly for commercial purposes, was a highly regulated industry. Dorothy Van der Peet (defendant), a member of the aboriginal Stó:lō tribe, sold 10 salmon. The fish were caught under a license that allowed fishing only to obtain food. The British Columbia Fishery (General) Regulations (the fishing regulations) prohibited the sale of fish caught under an Indian food-fishing license. The Canadian government (plaintiff) charged Van der Peet with violating the fishing regulations. During her trial, Van der Peet argued that the prohibition on selling fish caught under the license violated Van der Peet’s aboriginal rights to fish and trade as protected by the Canadian Constitution Act (the constitution act). The trial judge found Van der Peet guilty of violating the fishing regulations, and Van der Peet appealed. On appeal, the judge recognized an aboriginal right to sell fish and remanded for a new trial. The government appealed the order to remand to the British Columbia Court of Appeal. The court of appeal allowed the government’s appeal and restored Van der Peet’s guilty verdict. Subsequently, Van der Peet appealed to the Canada Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Lamer, J.)

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