The appellants, members of the Squamish Indian Band, were charged with contravening the British Columbia Fishery (General) Regulations for net fishing on the Squamish River adjacent to their reserve.
They argued that a band by-law, passed pursuant to s. 81(1)(o) of the Indian Act, authorized their fishing and superseded the federal regulations.
The Supreme Court of Canada held that the fishery was not part of the reserve, the ad medium filum aquae presumption did not apply to navigable rivers to extend the reserve boundary, and the phrase 'on the reserve' in the Indian Act meant strictly within the reserve boundaries.
Consequently, the band by-law did not apply extra-territorially to the river, and the convictions were upheld.
