Indigenous Fisheries Rights in Canada: History, Law, and the Fight for the Salmon

Salmon and Sovereignty

For First Nations along the Pacific and Atlantic coasts of Canada, fish — and salmon in particular — are not simply a food source. They are the foundation of culture, ceremony, economy, and identity. The right to fish has been at the centre of some of Canada's most important legal battles over Indigenous rights, and the struggle continues today as climate change, fish farms, and industrial overfishing threaten the very species that sustain coastal nations.

The Legal Framework

The modern era of Indigenous fisheries rights in Canada was defined by two landmark Supreme Court decisions:

R. v. Sparrow (1990)

The Sparrow decision established that Aboriginal peoples have a constitutionally protected right to fish for food, social, and ceremonial purposes. The court held that this right takes priority over all other uses of the fishery except conservation. For the first time, the Crown's ability to limit Aboriginal rights was subject to a constitutional test.

R. v. Marshall (1999)

In Atlantic Canada, the Marshall decision affirmed the treaty right of Mi'kmaq, Maliseet, and Passamaquoddy peoples to catch and sell fish under the Peace and Friendship Treaties of the 18th century. The decision sparked a national crisis, with non-Indigenous fishers protesting and in some cases violently attacking Indigenous fishing operations.

"We have always fished these waters. We will continue to fish these waters. The Supreme Court has simply confirmed what we always knew — that our right was never extinguished."

— Chief Mi'sel Joe, Miawpukek First Nation

Fish Farms and the Salmon Crisis

Open-net salmon aquaculture has become one of the most contentious issues in BC's coastal First Nations communities. Scientific evidence suggests that sea lice from fish farms are devastating wild salmon populations. Nations including the Musgamagw Dzawada'enuxw have blockaded fish farm operations and gone to court to force licence reviews. In 2020, the federal government committed to transitioning BC's fish farms to closed containment — a major, if partial, victory.

The Path Forward

A growing number of First Nations are taking direct control of fisheries management in their territories through Guardian programs, fish enhancement hatcheries, and negotiated co-management agreements. The integration of traditional ecological knowledge into stock assessments is increasingly recognized as essential for the long-term sustainability of Pacific salmon.