New publication by postdoc Dr. Erika Gavenus

EDeN postdoc, Dr. Erika Gavenus, joined co-authors in publishing a paper based on a dissertation chapter titled "Whose doctrine, whose priority?: On the troublesome legal interpretation of the Aboriginal right to fish by Canadian courts" in Environmental Science & Policy.

As a constitutional right, the right of Indigenous Peoples to fish for food, social, and ceremonial purposes is supposed to be prioritized in fisheries management decisions--the Doctrine of Priority. However, some First Nations along the Pacific Coast have expressed frustration with decisions that challenge their ability to access the fish they need to care for themselves and their families. Through an analysis of case law documents from across Canadian courts, we find that the applicability of the Doctrine of Priority in contexts of uncertain resource abundance and ongoing reconciliation is far from a settled matter and one that is likely to remain unresolved if guidance is only sought from the courts. Instead, Indigenous Peoples working to ensure access to fish to support their communities are enacting their right to fish in meaningful and diverse ways –innovations key to understandings of the Doctrine of Priority and the pursuit of just fisheries.

The full paper is available here: https://doi.org/10.1016/j.envsci.2025.104294