BY DARAH HANSEN, VANCOUVER SUN

A landmark legal case with potentially broad implications for the future of aboriginal fisheries and treaty negotiations in British Columbia is scheduled to go before the county's top court today in Ottawa.

"This is the first time that a civil claim started by the first nation seeking declaration in respect to commercial fishing rights will go all the way to the Supreme Court of Canada," Keith Bergner, a partner at the Vancouver firm Lawson Lundell and specialist in aboriginal law, said of the significance of the case.

"Behind it all, the court will have to decide to what extent are there aboriginal fishing rights in British Columbia and what is the process to prove those rights," Bergner said.

The Lax Kw'alaams band, located near Prince Rupert, claim a constitutional right to fish, not only salmon, but also halibut, herring and other species, commercially along the north coast.

The federal government maintains that aboriginal right to fish for food, social and ceremonial purposes does not extend to the right to sell fish.

The case has been winding its way through the legal system for five years. In 2006, the Lax Kw'alaams sued the federal government in B.C. Supreme Court, arguing their historical reliance on fish and centuriesold trade in fish oil gave them a modern right to a commercial harvest.

But, after 125 days of hearing evidence and argument, the judge ultimately rejected that argument as "simplistic" and dismissed the case.

That decision was later upheld by the B.C. Court of Appeal.

A Supreme Court of Canada decision in the matter is not expected to end the discussion. Rather, said Bergner, the more likely result should the court allow the appeal is that the case is sent back to the trial level where it will be tested again with clear guidance around how aboriginal rights are to be identified and evaluated.

"There are a number of steps," he said.

Bergner said the case will likely have ripple effects among first nations in B.C. with similar claims before the courts, and around treaty negotiation tables.

"There are an awful lot of groups with potential commercial fishing claims and it's not just restricted to the coast. It could be inland fisheries as well," he said.

Phil Eidsvik of the B.C. Fisheries Survival Coalition said his organization has been following the case closely for years.

A court decision holds major implications for the northern fisheries, particularly the halibut, crab and salmon fisheries, he said.