Remedies and Enforcement

Substantive Equality in Canadian Supreme Court

On 27 June 2008, the Supreme Court of Canada handed down the decision in the case of R v Kapp, 2008 SCC 41. The case arose as an appeal against the federal government’s decision to enhance aboriginal involvement in commercial fishery which led to the Aboriginal Fisheries Strategy. The Strategy resulted in the issuance of a communal fishing licence to three aboriginal bands, permitting fishers designated by the bands to fish for salmon in the mouth of the Fraser River for a period of 24 hours and to sell their catch.

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