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Case Brief R Vs Sparrow

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Case Brief R Vs Sparrow
James Donalds – Case Brief Practice

R. v. Sparrow, [1990] 1 SCR 1075

Facts:
Sparrow was charged under s. 61(1) of the Fisheries Act with the offence of fishing with a drift net longer than permitted by the terms of the Indian Food Fishing License. Sparrow admitted to committing the act, but claimed that he has the aboriginal right to fish under s. 31(1) of the Fisheries Act. Therefore, the Act is inconsistent with s. 35(1) of the Constitution Act, 1982 and is invalid. He was unsuccessful in the lower courts and appealed to the Supreme Court.

Issue:
How are aboriginal rights recognized under s. 35(1)?
What is the test to for the extinguishment of aboriginal rights?

Held:
The appeal and cross-appealed was dismissed and
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