Canadian Constitution Foundation

Dividing the catch

John Carpay

National Post, July 22, 2008

On June 27, the Supreme Court of Canada gave its stamp of approval to racially segregated commercial fisheries in British Columbia, and it did so in the name of “substantive” equality. In R. v. Kapp, the court upheld the constitutional validity of a “pilot” sales program introduced in 1992 under prime minister Brian Mulroney. This program created a separate commercial fishery for the private benefit of individuals with bloodline ties to certain Indian tribes, while also allowing these same individuals to fish a second time in the public commercial fishery left over for everyone else. The program brought an abrupt end to several decades of racial integration and racial harmony which had been enjoyed by one of the most ethnically diverse workplaces in Canada.

Still hooked by the fight fora race-free BC Fishery

John Carpay

Globe and Mail, October 4, 2007

The Japanese Canadian Fishermen's Association is once again asking the Supreme Court of Canada to rule against racist policies in British Columbia's commercial fishery.