Chief Justice Donald Brenner of the British Columbia Supreme Court ruled on July 12 that a Department of Fisheries and Oceans pilot sales program designed to boost Native access to the salmon industry is not discriminatory. The program, instituted in 1992, allows three First Nations bands exclusive access to salmon in areas of the Frasier River for a few hours to a few days each summer. Non-Native fishermen protested, and the program was suspended in summer 2003 when a provincial court ruled that it was racist. The provincial court decision also suspended charges brought against 140 non-Native fishermen who allegedly fished illegally in Native-only designated areas as protest. The Supreme Court decision will reinstate these charges. Brenner's ruling stated that the program is intended to help a disadvantaged group and thus does not violate Canada's Charter of Rights and Freedoms.
