my understanding in Canada common law to fish has be improperly cited and there is no common law for the resource



This is an AI summery

In British Columbia (and Canada as a whole), the right to fish is not an unlimited common law right derived from the Magna Carta, nor is it a general public right for all citizens to fish wherever and whenever they want. Here's a clear breakdown of the current legal situation as of 2025:
1. General Public Right to Fish (Non-Indigenous Canadians)

There is no unrestricted common law or constitutional right for the general public to fish in Canada or BC.
Fishing is a heavily regulated activity under federal and provincial law.
The Fisheries Act (federal) and BC Wildlife Act / BC Fishery Regulations control virtually all fishing (freshwater and saltwater).
You need a valid fishing licence (tidal or non-tidal) to fish legally in almost all cases, plus you must follow season, area, species, and quota restrictions.
Fishing without a licence or outside the rules is an offence.

2. Is fishing a “Magna Carta common law right” in Canada?
No. This is a persistent myth, especially in “freeman-on-the-land” or sovereign citizen circles.

The famous Clause 33 of the Magna Carta (1215) stated:
“All fish-weirs shall be removed from the Thames, the Medway, and throughout the whole of England, except on the sea coast.”
That clause was about removing private fish traps (weirs/kiddles) from rivers to allow free passage of fish — it actually expanded public fishing opportunities in 13th-century England, but it was repealed in England in 1863 and never had lasting effect even there.
More importantly, the Magna Carta clauses that were received into Canadian common law when Britain colonized Canada do not include any clause granting a general public right to fish. Canadian courts have repeatedly rejected this argument:
R. v. Nikal, [1996] 1 S.C.R. 1013 (SCC)
R. v. Lewis, [1996] 1 S.C.R. 921
R. v. Sampson (1995), 129 D.L.R. (4th) 77 (BCCA)
Numerous lower-court and BC Provincial Court decisions since the 1990s have called the “Magna Carta fishing right” claim “frivolous and vexatious.”


3. Who DOES have constitutionally protected fishing rights in BC?

Indigenous peoples with proven Aboriginal title or rights under section 35 of the Constitution Act, 1982 have a constitutionally protected right to fish for food, social, and ceremonial (FSC) purposes, and in some cases for commercial sale (e.g., Sparrow, Van der Peet, Gladstone, Ahousaht, N.T.C. Smokehouse cases).
Five Nuu-chah-nulth Nations on Vancouver Island (Ahousaht et al.) won a 2009–2024 court battle giving them a commercial right to fish and sell most species (subject to ongoing negotiation and regulation with Canada).

Summary for a regular BC resident

You do not have an unrestricted Magna Carta or common-law right to fish.
You must buy a licence, follow the BC tidal/non-tidal regulations synopsis, and respect closures and quotas.

I think given how challenged our salmon fisheries are it is a shame to see time and effort wasted bickering and mud slinging.

What do you mean?

as far as I know, there's 30 days over Christmas for the public to respond and then its off to the minister to make the decisions? Some might say that was done intentionally to limit public feedback. 

I've been told this has been going on since about 2019, The members in that committee had to sign legal documents saying they could not talk or disclose information about it.

I don't see each side making cases for themselves as "mud slinging"
 

It could see reopening of commercial fishing for coho and chinook in areas that have been closed for many years (ie the Strait of Georgia)

Its pretty much already closed due to Fraser spring and summer chinook intercepts, ITs also limited to pass chinook like Fraser summer 4-1 to first nations to meet FSC, FSC by the way they say is not being met.

They could in theory set up limited commercial fisheries ect targeting Campbell river chinook ect. Harrison White commercial fishery also would be a possibility in the fall. IMO it would be FN commercial tho, I don't see the gill net and commercial trollers getting any allocation.

Coho is an interesting one, Hard to target only hatchery Coho with gillnets, First Nations in the past have argued limiting the gear was an infringement on their rights.

FN though want to be able to commercial fish and all by catch goes to FSC or Vice Versa, So they are the best set up to conduct these type of fisheries. Commercial cant allocate their by catch or at risk species intercepts to FSC.

Where have you seen or heard that we have a right to fish?  We have very few rights, and its getting less every day.  Just look at what is going on with FN court cases.  Every week there is a new court case that takes away rights from one group and gives them to FN.  Can't watch a Canucks game or the local news with out FN beating a drum.

Ok tell us what right or rights we lost yesterday? Today is Monday , start of a new week but there must have been at least one  court case that took away rights to fish last week?

BTW we do have a right to fish and hunt in BC according to the The Hunting and Fishing Heritage Act, SBC 2002, c 79. It's law and you can find it here.

https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-79/latest/sbc-2002-c-79.html

We also have the same right under Common Law.

You outta change your handle to Chicken Little!

One of the ludicrous proposed changes is putting commercial fishing ahead of your public right to fish.

Where have you seen or heard that we have a right to fish?  We have very few rights, and its getting less every day.  Just look at what is going on with FN court cases.  Every week there is a new court case that takes away rights from one group and gives them to FN.  Can't watch a Canucks game or the local news with out FN beating a drum.

As much of BC's farmed salmon production is taken over by Chile similar problems of greater magnitude are apparent. A recent article from the UK's The Guardian Newspaper

‘Those who eat Chilean salmon cannot imagine how much human blood it carries with it’
The country is the world’s second-largest producer of the popular fish, and the biggest supplier to the US, but its farms are beset by accusations of dangerous labour conditions, antibiotic overuse and ecological harm

https://www.theguardian.com/global-development/2025/dec/02/chile-salmon-farms-fish-industry

Done, 102cm is too small. Last years regulation change was to much for one year. I'm all for protecting big breeders but I think 112cm to 118cm is fare. Hard watching Americans killing 200lb fish while we can only keep chickens.

Recreational Halibut Fishery in BC – Your Input Matters

We left 147,000 lbs in the water for recreational halibut this past season.

That was directly due to the regulation choice made.

This is YOUR opportunity to let the SFAB know your preferences.

https://www.surveymonkey.com/r/halibutprioritiesv2

Over 40 years ago The SCOC  made it clear that after conservation requirements had been met,  the access priorities were First Nations, Commercial and Recreational angling in that order so whatever who said what in the Policy review committees, the principle is the same as it has been since the Sparrow case.

The Recreational sector produces so much more $ per fish than the commercial primarily because it spends so much more to catch far fewer fish. I think the GDP per fish metric is a cherry picked and distorted way to compare value of the 2 sectors. The commercial sectors catch also varies widely and in the last 10 to 15 years has seen it's catch limited by conservation demands. The major money commercial salmon fishery is sockeye and the 2 major runs, the Fraser and the Skeena have seen very poor returns in most years since about 2012.

There are some comparisons of the value of the 2 fisheries here: https://www.pac.dfo-mpo.gc.ca/analyses-econom-analysis/fisheries-peches/multi-sector-secteur/pac-wild-fisheries-peches-sauvage/smon-bc-cb-eng.html

Such committees attract some participants that are radicalized and inclined to speak in a manner meant to shock members with opposing views. If you have ever sat in on Union management committees you may have seen this in action. Yet most participants from either side work to move things forward and find common ground.  I think given how challenged our salmon fisheries are it is a shame to see time and effort wasted bickering and mud slinging.

Additionally, from Pacific Angler's Weekly Blog
"Salmon Allocation Policy Review

If you fish or recreate in this Province, or hope to in the future, this is a MUST READ.

The Salmon Allocation Policy (SAP) is currently under review and DFO wants your input by Jan 9th.  I can’t say it any better than the words on this website, so I strongly urge you to visit Salmon Forever and read the SAP Discussion Paper and the SFAB SAP Review Submission.  The SFAB (Sport Fish Advisory Board) Review Submission should be your blueprint for providing your own feedback to DFO to the email provided on the website.

One of the ludicrous proposed changes is putting commercial fishing ahead of your public right to fish. In fact, it is that very right that is being contested by First Nations (FN).  The commercial sector has teamed up with First Nations, and they are proposing things will go as follows.  Conservation, First Nations Food, Social & Ceremonial (FSC), Commercial Sector, Recreational Sector.  I am good with the first two but putting the commercial sector in front of the public, aka recreational sector will be the end of your fishing and makes no sense financially.  The public delivers $693 GDP per salmon caught vs. the commercial $8 per salmon.  There is no doubt in my mind that FN is going to purchase licences or team up with the commercial sector to dominate that industry, in essence insuring their FSC needs are met first, then clean up the rest of the fish with the commercial boats.  Then if there are any fish left, the public might have some opportunity when and where they say and if they say.  That is literally what they have been demanding in the meetings.  They have also made it very clear that in their view, Canadian citizens have no right to fish, and it is their (FN) intention to have complete control over salmon and any potential fishing by Canadians. 

This whole process is about a lot more than salmon.  This is about Common Property Resource.  If Canadians lose that, in this case their right to fish, a precedent will be set, and this will affect your ability to do a lot of things above and beyond salmon fishing.  This is all about access to this province and country.  If you like any of the “ing” things like fishing, hiking, biking, camping, or just getting outside, you have been warned.  The First Nations are advocating for complete control.  That was made very, very clear to the SFAB in this process.

I know you don’t want to read these documents and send an email, especially during the holiday season.  This was planned this way, to make engagement and input as difficult as possible.  Keep in mind it took this closed-door process 7 years to get here, to the point it was released to the public, and now they are giving us 35 days to absorb it and email our input.  We all need to find the time to read these documents and send an email.  It will take less than 30 minutes, but the impact of the SAP will be felt for decades, remember that.

You will be hearing a lot more about this in the coming weeks, so until then.....

Jason Tonelli 

*Update - It has come to our attention that the email address included in the original letter and consultation document was incorrect. The correct address is:

DFO.SAPReviewBC-PASRevueBC.MPO@dfo-mpo.gc.ca           "

The proposed changes are vile, illogical and extremely concerning although not unexpected. This government has proven they do not care for the common folk. As if what has been lost the last 30 years has not been enough.

The current Fisheries and oceans Salmon Allocation Policy dating to 2018 is undergoing a review to reflect recent court decisions. Proposals have been made to remove the Sport and Recreational sectors priority access to Chinook and Coho and possibly set the Recreational sector to specific allocation which means that once that allocation is deemed to be achieved sport fisheries may be closed. It could see reopening of commercial fishing for coho and chinook in areas that have been closed for many years (ie the Strait of Georgia). The new policy also will very likely effect recreational opportunities in Freshwater.

A Public Discussion Paper has been issued and input from outside the 3 advisory boards is invited. A link as attached below as well as a link to the SFIBC website on the same topic:

FOC Discussion Paper: https://static1.squarespace.com/static/619bf7c1ac6f813814418a02/t/6933cdb473d92158d7bc2bf7/1765002676848/BC+Salmon+Allocation+Policy+Review+Discussion+Paper_05-Dec-25.pdf


Sport Fishing Institute  of BC : https://www.salmonforever.ca/?mc_cid=c1b602e914&mc_eid=1cfce8a56b