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R. v. Nichols, 2017 BCPC 240, Provincial Court of British Columbia (Merrick P.C.J.), 16 August 2017

The Provincial Court of British Columbia dismissed an application by the Sechelt Indian Band (Shíshálh) to intervene in a proceeding involving fishing rights. Mr. Nichols was charged for unlawful fishing and unlawfully possessing prawns in contravention of the Fisheries Act. The next phase of the proceeding involves whether he had a section 35 right to fish. The Court held that it was bound by R. v. Duncan (1995), 130 D.L.R. (4th) 99 (B.C.C.A.) that the Provincial Court has no jurisdiction to grant intervenor status in this type of proceeding. The proposed intervention by the Sechelt relates to an issue integral to the case, not a procedural issue. The application for intervenor status was dismissed without costs.

https://www.canlii.org/en/bc/bcpc/doc/2017/2017bcpc240 /2017bcpc240.html?resultIndex=1

https://www.canlii.org/en/bc/bcpc/doc/2017/2017bcpc240 /2017bcpc240.pdf