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Canadian Citizenship Test · Question

Which 1990 SCC case recognized Aboriginal fishing rights?

The correct answer is Sparrow because the 1990 Supreme Court of Canada ruling in R. v. Sparrow was the first to interpret Section 35 of the Constitution Act, 19

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Question: Which 1990 SCC case recognized Aboriginal fishing rights?

Answer options: ✅ Sparrow

  • Delgamuukw
  • Tsilhqot'in
  • Marshall

Correct answer: Sparrow

Explanation: The correct answer is Sparrow because the 1990 Supreme Court of Canada ruling in R. v. Sparrow was the first to interpret Section 35 of the Constitution Act, 1982, confirming that Aboriginal fishing rights are constitutionally protected. In contrast, Delgamuukw and Tsilhqot'in focused on defining and protecting Aboriginal land title, while Marshall addressed treaty rights to hunt and fish for a moderate livelihood. This landmark decision established the legal framework to determine when governments may infringe upon these constitutional rights. Understanding how the Canadian justice system reinforces Aboriginal and treaty rights is a key aspect of Canadian constitutional history relevant to the citizenship exam.

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