I heard someone say that our Aboriginal Rights under core treaty will be protected in Canadian Constitution. Aren’t they already? And what are these rights – I feel everything is super regulated. What is an aboriginal food fish right?

That is correct, Aboriginal rights are already protected under the Constitution. Section 35 states that the Aboriginal Rights and Treaty Rights of the aboriginal peoples of Canada are recognized and affirmed.

However, the rights are also subject to conservation, public health, and public safety. Rights are also not absolute. The Crown can also infringe aboriginal or treaty rights if such infringements are justifiable.

The aboriginal right to fish for food is just that, it is a right to go out and fish for food. However, as the right is subject to conservation, public health and public safety, the right is highly regulated. Usually permits are required to fish for food and these set out the timing, location, gear, and amount that can be fished. Treaty rights are also subject to conservation, public health and public safety and will need to be regulated accordingly, but the regulation of that harvest will be done by K’omoks law.