Slide 10: No Illegality

Question 1

Question: What is the defense of no illegality, and what is an example?

Answer 1

Answer: The defense of no illegality can be used when an action, though seemingly illegal, is justified due to rights or traditional customs. For example, the Burnt Church fishing controversy (2000) involved Mi’kmaq First Nations asserting their right to fish in violation of Canadian law, arguing it was a recognized Indigenous right under treaties.