Sami Hunting and Fishing Rights in Swedish Law

2016 ◽  
pp. 111-126
Author(s):  
Eivind Torp
Keyword(s):  
Fishing Rights ◽  
Hunting And Fishing

Historian and Courts:R. v. Marshall and Mi'kmaqTreaties on Trial

2003 ◽  
Vol 18 (2) ◽  
pp. 123-131 ◽  
Author(s):  
Douglas C. Harris
Keyword(s):  
Eighteenth Century ◽  
Supreme Court Of Canada ◽  
Treaty Rights ◽  
Fishing Rights ◽  
Canadian Law ◽  
The Supreme Court ◽  
Hunting And Fishing ◽  
Court Of Appeal ◽  
Fisheries Act ◽  
Commercial Hunting

In September, 1999, the Supreme Court of Canada (SCC) released its decision inR v. Marshall. Donald Marshall Jr., no stranger to Canadian law, had been convicted of catching eels out of season, without a licence, and selling them, contrary to the federalFisheries Act. He admitted the offences, but appealed his conviction to the Nova Scotia Court of Appeal and then to the SCC on the grounds that the 1760–61 treaties between the Mi'kmaq and the British recognized his right, as a Mi'kmaq, to catch and sell fish, and that this right was protected under the guarantee of Aboriginal and treaty rights in the Canadian constitution. Justice Binnie, writing for the majority of the SCC, overturned the convictions. The Mi'kmaq, he held, did have treaty rights based on the 1760–61 treaties to catch and sell fish, including eels.The Mi'kmaq were delighted. After many years and many appearances before Canadian judges (R. v. Syliboy, R. v. Issac, andR. v. Simon), it appeared that the courts were finally prepared to recognize what the Mi'kmaq had long believed: that the eighteenth century treaties were the foundation of their relationship with Canada, that the treaties were still in force, and that they guaranteed commercial hunting and fishing rights in their traditional territories.

Hunting and Fishing Rights

1973 ◽  
Vol 1 (1) ◽  
pp. 79
Author(s):  
J. J. D.
Keyword(s):  
Fishing Rights ◽  
Hunting And Fishing

4. Rights

2020 ◽  
pp. 59-78
Author(s):  
Donald Wright
Keyword(s):  
First Nations ◽  
Reproductive Rights ◽  
Direct Action ◽  
French Language ◽  
Same Sex ◽  
Fishing Rights ◽  
Legal Challenges ◽  
First Nations People ◽  
Language Schools ◽  
Hunting And Fishing

‘Rights’ looks at the issues Canadians fought for in the 20th-century courts and sometimes in the streets. Francophone rights were met by French-language schools, and women mounted protests in Parliament to gain reproductive rights. Canada was the fourth country to legalize same-sex marriage. Attempts by First Nations people to have their hunting and fishing rights recognized met with mixed results and restrictions on the resources they were trying to access. Fundamental labour rights are protected by charters. While Canada is proud of its record on rights, these rights are the result of years of direct action and legal challenges and owe as much to individuals as to legislation.

scholarly journals The Girijas case and its implications for the Sámi hunting and fishing rights in Sweden

2021 ◽  
Vol 23 (2) ◽  
pp. 169-175
Author(s):  
Sakshi
Keyword(s):  
Supreme Court ◽  
Indigenous Rights ◽  
Self Determination ◽  
Social Rights ◽  
Fishing Rights ◽  
Indigenous Autonomy ◽  
The Supreme Court ◽  
Indigenous Voice ◽  
Exclusive Right ◽  
Hunting And Fishing

The recent case by Girija Sámeby against the Swedish State, asserting its exclusive right to hunt and fish, has ignited many conversations. While the favourable treatment of the Sámi claim by the Supreme Court has elicited celebratory responses, the case has been considered a moment of reckoning for the broader Indigenous rights framework in Sweden. The initial claim by the Girija reindeer herding community that it had the exclusive right not only to hunt and fish but also to lease such a right to others has made its way to the Supreme Court and is now affirmed. Unsurprisingly, the court, faced with an unprecedented challenge of determining the remit of rights in the commercial realm, has fallen back on known doctrines, such as ‘immemorial prescription’, to resolve the case. Nonetheless, the underlying concerns for Indigenous rights over land, self-determination, sovereignty, and the postcolonial reconciliation process remain to be examined within and outside juridical spaces. Although recognition of Indigenous voice has witnessed some progress in the realm of the executive and the legislature, the judiciary is yet to develop a progressive jurisprudence concerning Indigenous culture, economic, and social rights. The Girija Sámeby case may well be the first of its kind where the judiciary is proactive in recognising the changing nature of Indigenous autonomy, self-determination, and economy.

scholarly journals Girjas Reindeer Herding Community v. Sweden: Analysing the Merits of the Girjas Case

2021 ◽  
Vol 12 (0) ◽  
pp. 56
Author(s):  
Christina Allard ◽  
Malin Brännström
Keyword(s):  
Supreme Court ◽  
Burden Of Proof ◽  
Indigenous Rights ◽  
The State ◽  
International Standards ◽  
Reindeer Herding ◽  
Fishing Rights ◽  
Small Game ◽  
Game Hunting ◽  
Hunting And Fishing

For the first time in the Swedish Supreme Court, a small Sami reindeer herding community has won an important victory affirming the community’s small game hunting and fishing rights. Because of protracted use and the concept of immemorial prescription, the Court recognised the community’s exclusive hunting and fishing rights, including the right to lease these rights to others. Such leases have long been prohibited by legislation and the State has retained its powers to administer such leases. This case signifies a considerable development in the area of Sami law. In its decision, the Supreme Court made some adjustments to the age-old doctrine of immemorial prescription, and provided insights into how historic evidence should be evaluated when the claimant is an Indigenous people. A common motivator for these adjustments is an enhanced awareness of international standards protecting Indigenous peoples and minorities. Even ILO Convention No. 169 – the only legally binding convention concerning Indigenous rights, but which Sweden has not yet ratified – is relevant when it comes to evaluating Sami customary uses. The Court addressed the problem of gaps in the historical material and used evidence from other parts of Swedish Lapland and adjacent time-periods, making reasonable assumptions to fill in these gaps. The Court imposes on the State the burden of proof regarding the extinguishment of already established Sami rights, as well as proof that extinguishment by legislation or expropriation, is “clear and definitive”. These conditions were not met in this case.

scholarly journals A Sámi Community Wins Case against the Swedish State in the Supreme Court

2020 ◽  
Vol 11 (0) ◽  
pp. 19
Author(s):  
Øyvind Ravna
Keyword(s):  
Supreme Court ◽  
Indigenous Peoples ◽  
Land Management ◽  
The Other ◽  
Customary Law ◽  
Fishing Rights ◽  
The Supreme Court ◽  
Management Area ◽  
The Right ◽  
Hunting And Fishing

On 23 January 2020, the Supreme Court of Sweden delivered an historic verdict in favour of the Girjas sameby in a lawsuit against the Swedish State over a long-standing dispute over the right to administer hunting and fishing rights in the Girjas land management area. Rooted in Sámi customary law, ILO Convention 169 and the UN Declaration of Indigenous Peoples, the verdict is a milestone in the development of Sámi law in Sweden. It may also have an impact on the other Nordic countries, in particular Norway.

ETHNIC CULTURE OF LAMUNKHINSKI EVENS AS A RESOURCE OF DEVELOPMENT OF TOURISM INDUSTRY OF YAKUTIA

2020 ◽  
Vol 4 (8(77)) ◽  
pp. 4-7
Author(s):  
Sardaana Anatolievna Alekseeva
Keyword(s):  
National Culture ◽  
Local Group ◽  
Tourism Industry ◽  
Cultural Development ◽  
Ethnic Tourism ◽  
Tourist Destinations ◽  
The North ◽  
Original Culture ◽  
The Village ◽  
Hunting And Fishing

When getting acquainted with the ethnic traditions of the peoples of Yakutia, special attention should be paid to the national culture of the evens as a small indigenous people of the North. Cultural and ethnographic features of Yakutia are one of the most important resources for the development of tourism. The main purpose of the work is to consider the potential of ethnic tourism on the example of the village of Sebyan-Kuel in the Кobyai district of Yakutia. The following specific ethnographic methods are used: the method of included observation and indepth interview. The result was that in this remote mountains of the Verkhoyansk ridge preserved the original culture of the local group Lamynkhinsky Evens, which is a unique, non-commodity, and, consequently, an inexhaustible resource for the economy, social and cultural development of the nasleg. In our opinion, the area of Lamynkhinsky nasleg can become one of the most popular tourist destinations due to its uniqueness in ethnic and extreme, ecological, hunting and fishing types of tourism.

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