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R v Sparrow
''R v Sparrow'', () 1 S.C.R. 1075 was an important decision of the Supreme Court of Canada concerning the application of Aboriginal rights under section 35(1) of the Constitution Act, 1982. The Court held that aboriginal rights, such as fishing, that were in existence in 1982 are protected under the Constitution of Canada and cannot be infringed without justification on account of the government's fiduciary duty to the Aboriginal peoples of Canada.
==Background==
Ronald Edward Sparrow, a member of the Musqueam Band, was caught fishing with a drift net 45 fathoms (82 m) in length, 20 fathoms (37 m) longer than permitted by the band's fishing licence under the Fisheries Act of 1985. Sparrow admitted to all the facts in the charge but justified it on the ground that he was exercising his aboriginal right to fish under section 35(1) of the Constitution Act, 1982.
At trial, the judge found that section 35 only protected existing treaty rights and that there was no inherent right to fish. An appeal to the County Court was dismissed and a further appeal to the Court of Appeal was dismissed on the grounds that there was insufficient evidence to maintain the defence.
The issue to the Supreme Court was whether the net length restriction violated s. 35(1).
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