R v Van der Peet
This is the first of three cases known as the Van der Peet trilogy which included R v NTC Smokehouse Ltd and R v Gladstone.Van der Peet was visited by Marie Lugsdin, a non-Indigenous person, who offered to purchase ten fish at $5 a piece, for a total of $50.The issue before the Court was whether the law preventing sale of the fish infringed Van der Peet's Aboriginal rights under section 35."[4] The exchange of fish for money or other goods did not constitute a practice, custom or tradition that was integral to Sto:lo culture.The Court developed an "Integral to a Distinctive Culture Test" to determine how to define an Aboriginal right as protected by s.35(1) of the Constitution Act, 1982.