R. v. Kapp, 2008

From: The Court and the Charter

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The Supreme Court of Canada held that communal fishing licences granted to aboriginal organizations did not violate the equality rights of non-aboriginal commercial fishers who were excluded from the fishery for 24 hours. A separate opinion would have ruled against the commercial fishers strictly on the ground that the Canadian Charter of Rights and Freedoms explicitly does not abrogate or derogate from any aboriginal or treaty rights.

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Contributors

Tom Bateman

Thomas Bateman is Associate Professor and Chair of the Department of Political Science at St. Thomas University in Fredericton.

Janet Hieber

Janet Hiebert is a Professor in the Department of Political Studies at Queen’s University in Kingston.

Rainer Knopff

Rainer Knopff is a Professor in the Department of Political Science at the University of Calgary.

Peter Russell

Peter H. Russell is Professor of political science (Emeritus) at the University of Toronto.