R. v. Sparrow

E450349

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.

All labels observed (1)

Label Occurrences
R. v. Sparrow canonical 5

How this entity was disambiguated

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 ⓘ
constitutionArticleInterpreted section 35 of the Constitution Act, 1982 ⓘ
country Canada ⓘ
court Supreme Court of Canada ⓘ
decisionDate 1990-05-31 ⓘ
defendant Ronald Edward Sparrow ⓘ
defendantAffiliation Musqueam Indian Band ⓘ
fullName R. v. Sparrow ⓘ
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 ⓘ
lowerCourt British Columbia Court of Appeal ⓘ
British Columbia Supreme Court ⓘ
party Her Majesty The Queen ⓘ
Ronald Edward Sparrow ⓘ
precedentFor R. v. Badger ⓘ
R. v. Gladstone ⓘ
linked to: R. v. Nikal

R. v. N.T.C. Smokehouse Ltd. ⓘ
R. v. Nikal ⓘ
R. v. Van der Peet ⓘ
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 ⓘ

How these facts were elicited

Referenced by (5)

Full triples — surface form annotated when it differs from this entity's canonical label.

Musqueam people → notableLegalCase → R. v. Sparrow ⓘ
R. v. Sparrow → fullName → R. v. Sparrow ⓘ
Guerin v. The Queen → influencedCase → R. v. Sparrow ⓘ