The appellant, a food processing company, was convicted of purchasing and selling salmon caught by members of the Sheshaht and Opetchesaht bands under Indian food fish licences, contrary to the British Columbia Fishery (General) Regulations.
The appellant argued that the regulations infringed the aboriginal rights of the bands to sell fish, protected under s. 35(1) of the Constitution Act, 1982.
The Supreme Court of Canada dismissed the appeal, holding that the exchange of fish for money or other goods was not an integral part of the distinctive cultures of the Sheshaht and Opetchesaht prior to contact with Europeans.
Therefore, no aboriginal right to sell fish was established, and the regulations were validly applied.
