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SCC Decision: June 27, 2008

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R. v. Kapp, 2008 SCC 41
Click here to link to the full judgment.
(Charter / Aboriginal law / Fisheries)
The federal government developed the Aboriginal Fisheries Strategy to improve aboriginal involvement in the commercial fishery.  Part of this strategy provided for a 24-hour period during which fishers without aboriginal licences were excluded from the fishing zone.  Protesters, including K, participated in a protest fishery and were charged with fishing at a prohibited time.  At trial, the protesters argued that the licences violated their equality rights under s. 15 of the Charter.  The trial judge agreed and stayed the charges.  On appeal, the stay was lifted and convictions were entered.  The Court found that the licences did not violate s. 15, since they fell under the protection of s. 15(2).  The appeal was dismissed.
Majority/Concurring: 8/1