George Mason University School of Law Working Papers Series

George Mason University Working Paper Series

 

A Culturally Correct Proposal to Privatize the British Columbia Salmon Fishery

D. Bruce Johnsen, Geroge Mason University School of Law

Abstract

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.

Subject Area

Constitutional Law, Corporations, Economics, Environmental Law, Law and Economics, Legal History

Recommended Citation

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. George Mason University Working Paper Series. Working Paper 8.
http://law.bepress.com/gmulwps/gmule/art8

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