In a unanimous decision the country's top court said a federal fisheries program passes a constitutional test because it was aimed to improve the economic conditions of a disadvantaged group, in this case, three aboriginal bands from
The dispute had been winding its way through the courts since 1998 when 145 commercial gill net fishers were charged under the Fisheries Act for fishing on B.C.'s
The non-aboriginal fishermen argued that a "race-based" commercial fishery violates their charter rights and that there should be one set of rules for everyone.
In 2004, the B.C. Supreme Court overturned a lower court decision that found the aboriginal-only commercial fishery program amounted to racial discrimination. The B.C. Supreme Court said aboriginals are generally disadvantaged and that allowing them to fish-for-profit instead of for food, social or ceremonial purposes, does not violate the rights of other more advantaged Canadians.
The commercial fishermen fought the decision all the way to