Lexington, VA • Saturday, June 28, 2008
Washington and Lee School of Law Professor Mark A. Drumbl's scholarship was cited in a recent decision by the Supreme Court of Canada involving fishing rights of indigenous peoples.
In the judgment, R. v. Kapp, 2008 SCC 41 (June 28, 2008), the Supreme Court of Canada upheld the constitutionality of a communal licensing scheme for indigenous fishing. The scheme was challenged by non-indigenous commercial fishers. Judgment here: http://scc.lexum.umontreal.ca/en/2008/2008scc41/2008scc41.html
The article addresses the interplay between equality rights and the Canadian Constitution. It was cited in support of an understanding of section 15(2) of the Canadian Charter of Rights and Freedoms that "encourage[s] the government to combat discrimination pro-actively through ameliorative programs."