R. v. Sparrow
E450349
Aboriginal law case
Canadian constitutional law case
Supreme Court of Canada decision
landmark case
leading case
R. v. Sparrow is a landmark 1990 Supreme Court of Canada decision that affirmed and clarified the constitutional protection of Indigenous fishing rights under section 35 of the Constitution Act, 1982.
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
Aboriginal law case
ⓘ
Canadian constitutional law case ⓘ Supreme Court of Canada decision ⓘ landmark case ⓘ leading case ⓘ |
| areaOfLaw |
Aboriginal law
ⓘ
constitutional law ⓘ fisheries law ⓘ |
| citation | [1990] 1 S.C.R. 1075 ⓘ |
| constitutionalInstrument | Constitution Act, 1982 NERFINISHED ⓘ |
| constitutionArticleInterpreted | section 35 of the Constitution Act, 1982 ⓘ |
| country | Canada ⓘ |
| court | Supreme Court of Canada NERFINISHED ⓘ |
| decisionDate | 1990-05-31 ⓘ |
| defendant | Ronald Edward Sparrow NERFINISHED ⓘ |
| defendantAffiliation | Musqueam Indian Band NERFINISHED ⓘ |
| fullName | R. v. Sparrow NERFINISHED ⓘ |
| holding |
conservation is a valid legislative objective that can justify infringement of Aboriginal rights if properly implemented
ⓘ
government regulation can infringe Aboriginal rights only if the infringement is justified ⓘ section 35 of the Constitution Act, 1982 recognizes and affirms existing Aboriginal and treaty rights ⓘ the Crown owes a fiduciary duty to Aboriginal peoples in the regulation of their rights ⓘ the Musqueam Band has an existing Aboriginal right to fish for food, social and ceremonial purposes ⓘ |
| impact | foundational case for interpretation of section 35 Aboriginal rights in Canada ⓘ |
| jurisdiction | federal fisheries regulation ⓘ |
| languageOfDecision | English ⓘ |
| legalIssue |
justification test for infringement of Aboriginal rights
ⓘ
regulation of Indigenous fishing rights ⓘ scope of Aboriginal rights under section 35 of the Constitution Act, 1982 ⓘ |
| locationOfFacts | British Columbia NERFINISHED ⓘ |
| lowerCourt |
British Columbia Court of Appeal
NERFINISHED
ⓘ
British Columbia Supreme Court NERFINISHED ⓘ |
| party |
Her Majesty The Queen
NERFINISHED
ⓘ
Ronald Edward Sparrow NERFINISHED ⓘ |
| precedentFor |
R. v. Badger
NERFINISHED
ⓘ
R. v. Gladstone NERFINISHED ⓘ R. v. N.T.C. Smokehouse Ltd. NERFINISHED ⓘ R. v. Nikal NERFINISHED ⓘ R. v. Van der Peet NERFINISHED ⓘ |
| principleEstablished |
Crown fiduciary obligation in relation to Aboriginal rights
ⓘ
Sparrow test for justification of infringements of Aboriginal rights ⓘ priority of Aboriginal food, social and ceremonial fishing after conservation needs are met ⓘ requirement of consultation with Aboriginal peoples when their rights may be affected ⓘ requirement of minimal impairment of Aboriginal rights ⓘ |
| recognizedRight | Aboriginal right to fish for food, social and ceremonial purposes ⓘ |
| subjectMatter |
Indigenous fishing rights
ⓘ
regulation of salmon fishery ⓘ |
| typeOfRightInvolved | Aboriginal right ⓘ |
| yearDecided | 1990 ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.