René Morin

The appellant, a Mohawk, was charged with fishing without a licence in Lake St. Francis, contrary to the Quebec Fishery Regulations.

He argued that he was exercising an aboriginal right to fish for food protected by s. 35(1) of the Constitution Act, 1982.

The Supreme Court of Canada held that aboriginal rights can exist independently of aboriginal title, and that the appellant had demonstrated an aboriginal right to fish for food in the area.

The Court found that this right had not been extinguished, and that the regulatory scheme, which subjected the right to unstructured ministerial discretion, constituted an unjustified infringement.

The appellants, members of the Algonquin people, were convicted of entering a controlled harvest zone without paying a motor vehicle access fee, and one appellant was convicted of fishing without a licence.

They argued they were exercising an aboriginal right to fish.

The Supreme Court of Canada held that aboriginal rights can exist independently of aboriginal title and that the failure of the French colonial regime to legally recognize such rights did not extinguish them.

The Court found the appellants had an aboriginal right to fish for food in the zone.

The federal fishing licence requirement was found to be an unjustified infringement of this right, but the provincial motor vehicle access fee was held to be a valid user fee that did not infringe the right.