Kapp Gives Affirmative Action Wide Margins

28:19 The Lawyers Weekly, September 19, 2008

3 Pages Posted: 17 Aug 2012

See all articles by Dianne Pothier

Dianne Pothier

Dalhousie University - Schulich School of Law

Date Written: 2008

Abstract

In a recent Charter decision on aboriginal fishing rights, the Supreme Court of Canada gives wide and promising leeway to governments adopting affirmative action programs.

R. v. Kapp, [2008] S.C.J. No. 42 involved a constitutional challenge. It was brought by mostly non-aboriginal commercial fishers against a government strategy allowing 24 hours to be reserved as an exclusive salmon fishery in the Fraser River for three aboriginal bands. This brief exclusive aboriginal commercial fishery was created through a negotiated agreement under the federal government’s “Aboriginal Fisheries Strategy.”

Keywords: affirmitive action, Kapp, aboriginal law, fishing, Fraser River, salmon

Suggested Citation

Pothier, Dianne, Kapp Gives Affirmative Action Wide Margins (2008). 28:19 The Lawyers Weekly, September 19, 2008, Available at SSRN: https://ssrn.com/abstract=2130721

Dianne Pothier (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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