Ronald 'Bud' Sparrow (xʷməθkʷəy̓əm, Musqueam) arrested for fishing on the Fraser River

Sparrow was arrested on this day in 1984 for fishing for King salmon with a drift net that was 20 fathoms longer than permitted according to Federal fisheries officers. Sparrow did not dispute the facts of the case but argued he, as a xʷməθkʷəy̓əm, had an inherent right to fish on his ancestral waters. Importantly, he made the argument under Section 35 of the Canadian constitution passed just two years earlier in 1982. His case dragged on for six years and he had to take it all the way to the Supreme Court after lower courts ruled against him including The B.C. Provincial Court, B.C. County Court and the B.C. Court of Appeals. In 1990 the R v Sparrow judgement finally came down affirming xʷməθkʷəy̓əm (Musqueam’s) right to fish had not been extinguished and couldn’t be limited without clear justification. The case is important in Indigenous law as it affirms inherent aboriginal right to fish prior to the creation of 'Canada', and outside of any treaty rights. We celebrate Bud Sparrow's direct action of fishing under his own people's sovereignty which led to an eventual win for Indigenous peoples across Canada under the colonial courts.