Fishing for clarity: the Pilot Sales Program controversy in its theoretical context

This project explores the notion that there are two distinctive theoretical foundations underlying the major opposing policy stances taken on the question of native fishing rights in British Columbia. It is argued that the contrasting issue-specific positions differ on the normative question of whether individual rights for all Canadians are enough to provide a defensible degree of justice, or if group-differentiated rights are necessary in some circumstances. The controversy that erupted as a result of the Pilot Sales Program (1998-2003), which created an exclusive aboriginal-only fishery for a 24-hour period, is a prime example of the broader debate with regard to the appropriateness of group-differentiated rights. Will Kymlicka and Tom Flanagan each take a different theoretical stance on this issue, and as such they provide the theoretical foundation for this project. This research demonstrates that an applied normative analysis offers a revealing approach to understanding a controversial and significant issue.