Supreme Court

Decision Information

R v Rocher

Court Supreme Court
Date 1983-05-13
File numbers SC 2556
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
R. v. Drybones (1970) S.C.R. 282
R. v. Pudlock (1972) 9 C.C.C. (2d) 256
R. v. Smith (unreported, February 21, 1983, S.C. 2549)
R. v. Modeste (1960), 31 W.W.R. 84, 33 C.R. 39
R. v. Gully (unreported, 1959)
R. v. Otokiak (1959) 30 C.R. 401, 28 W.W.R. 515
Reference Re Term "Indians", (1939) S.C.R. 200
R. v. Kogogolak 91959) 31 C.R. 12
Siegeareak v. Reginam 91966) 56 W.W.R. 478 (S.C.C.)
Hamlet of Baker Lake v. Minister of Indian Affairs and Northern Development (1979) 107 D.L.R. (3d) 513
Re Athahasca Tribal Council and Amoco Canada Petroleum Ltd., 91981) 1 S.C.R. 699, 124 D.L.R. (3d) 1
R. v. Burnshine (1975) 1 S.C.R. 693
Prata v. Minister of Manpower and Immigration, (1976) 1 S.C.R. 376
R. v. MacKay; R. v. Willington 91977), 78 D.L.R. (3d) 344
R. v. Sikyea 91964), 46 W.W.R. 65, 43 C.R. 83

Statutes considered:
Northwest Territories Fishery Regulations, C.R.C. 1978, c. 847, s. 5 (1), s. 7 (1), s. 23, s. 34
Northwest Territories Fishery Regulations, C.R.C. 1978, c. 847, s. 7 (1)
Northwest Territories Fishery Regulations, C.R.C. 1978, c. 847, s. 23
Northwest Territories Fishery Regulations, C.R.C. 1978, c. 847, s. 34
Northwest Territories Fishery Regulations, C.R.C. 1978, c. 847, s. 22
Canadian Bill of Rights, R.S.C. 1970, Appendix III, s. 2
Canadian Bill of Rights, R.S.C. 1970, Appendix III, s. 1
Canadian Bill of Rights, R.S.C. 1970, Appendix III, s. 5
Canadian Charter of Rights and Freedoms, s. 25
Indian Act, R.S.C. 1970, c. I-6, s. 2
Royal Proclamation of 1763, R.S.C. 1970, Appendix III
Decision information:

Abstract: Appeal against conviction for domestic fishing without license contrary to subsection 5 (1) of the Northwest Territories Fishery Regulations under the Fisheries Act - Appeal on ground that requirements of Regulations offend against Canadian Bill of Rights by reason of racial discrimination - Regulations excempting Indians, Inuit and persons of mixed blood fishing by traditional methods - Appellant submitting that if he were an Indian, Inuk or person of mixed blood he might rely on excemption in Regulations since he was fishing by "his traditional methods" - Court noting that Act does not authorize making of regulations specifically with respect to Indians - Court finding that in choosing to define the exempt category in section 22 of Regulations in essentially racial terms, Governor in Council has departed from ostensible purposes of exemption, which is to honour promises made to certain bands and family groups under Treaties 8 and 11 - Good intentions of maker of regulations violative of Canadian Bill of Rights.
Decision: Appeal allowed - Conviction set aside - Costs reserved.
Subjects: Energy and natural resources - Fish and wildlife - Licences
Keywords: Domestic fishing - licence requirements - exceptions - traditional methods

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