Heiltsuk Indian Band v. Canada
T-1265-89
Collier J.
28/2/93
3 pp.
Action to compel Minister of Fisheries and Oceans to issue licences to harvest herring roe deposited on bough or kelp-Band asserting aboriginal right to carry on this type of fishery, not just for food and ceremonial purposes, but for commercial purposes-Action dismissed-Historically commercial purposes barter with other Indian peoples and non-aboriginal peoples-Relatively small amounts of roe collected, basically for food consumption, on bough, not kelp-Not market system-No commercial activity in fishery prior to arrival of Europeans-Not establishing commercial harvesting of roe on kelp as aboriginal right-Neither right to licences sought nor duty on Minister to issue licences-Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 35.