Canada now faces two looming policy crises that have come to a head in British Columbia. The first is long-term depletion of the Pacific salmon fishery by mobile commercial ocean fishermen racing to intercept salmon under the rule of capture. The second results from Canadian Supreme Court case law recognizing and affirming “the existing aboriginal and treaty rights of the aboriginal peoples of Canada” under Section 35(1) of the Constitution Act, 1982. This essay shows that the economics of property rights provides a joint solution to these crises that would promote the Canadian commonwealth by way of a privatization auction while respecting the tribes’ distinctive aboriginal culture.
Constitutional Law | Corporation and Enterprise Law | Economics | Environmental Law | Law and Economics | Legal History, Theory and Process
Date of this Version
D. Bruce Johnsen, "A Culturally Correct Proposal to Privatize the British Columbia Salmon Fishery" (November 2004). George Mason University School of Law Working Papers Series. Working Paper 8.