ENVR 4650 Study Guide - Midterm Guide: Oldman River, Musqueam Indian Band

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Aboriginal right to fish had been regulated for many years under indian food fishing regulation under fisheries act. Nonetheless, court treated right to fish as unextinguished and in unregulated state. Recognition of aboriginal right to fish for salmon in the fraser river where his ancestors has fished from time immemorial : v. van der peet (scc, 1996) Rights held by aboriginal people by reason of the fact that aboriginal peoples were once independent, self-governing entities in possession of most of the lands now making up canada . [for a right to exist] must be an element of a practice, custom or tradition integral to the distinctive culture of the aboriginal group asserting the right . To be integral a practice must be: One of the things that make the culture distinctive. Can evolve, but must trace origins to pre-contact culture: v. marshall 1 (scc,1999)

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