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R v Gladstone
''R v Gladstone'', () 2 S.C.R. 723 is a leading Supreme Court of Canada decision on non-treaty aboriginal rights under section 35 of the ''Constitution Act, 1982''. The Court modified the Sparrow test for the extinguishment of Aboriginal rights to give more deference to the government in protecting commercial fishing rights.
==Background==
William and Donald Gladstone were members of the Heiltsuk Band in British Columbia. They were both charged with selling herring spawn
contrary to the federal ''Fisheries Act''. In their defence, the brothers claimed that they had a right to sell herrings under section 35 of the ''Constitution Act, 1982''. At trial, they presented evidence showing that trade of herring spawn was a significant part of the Heiltsuk band's way of life prior to contact.The Court found that the Heiltsuk have a pre-existing right to harvest Herring (eggs) and that there is a commercial component to this right.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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