The Supreme Court dismissed the criminal charges in two cases relating to the fishing rights of the Sámi

In one case, the public prosecutor had brought a charge against a local Sámi for a fishing offence. In 2017, he had fished for salmon with a stationary net in the Utsjoki river outside of the legal fishing season. Fishing at the material time, in August, had been contrary to a Government Decree then in force, governing fishing in the Tenojoki tributaries.

The Supreme Court held that the provision on the legal fishing season in the Decree was in conflict with the constitutionally protected rights of the local Sámi. The Supreme Court declined to apply the provision in the Decree and, accordingly, dismissed the charge for a fishing offence.

In the other case, the public prosecutor had brought charges against four local Sámi for a game offence. They had fished with rods, reels, and lures on State waters in the Vetsijoki river without the requisite permit issued by the Metsähallitus [State land and water management agency].

The Supreme Court held that the separate fishing permit required for salmon and trout migration areas under the Fishing Act in force at the material time in 2017, and the relevant permit procedure, gave rise to such severe restrictions to local Sámi that the application of the provision would be in evident conflict with their constitutionally protected rights. Also in this case, the Supreme Court declined to apply the provision in the Fishing Act and, accordingly, dismissed the charges for a game offence.

The cases were heard by the Supreme Court as precedent appeals, where the public prosecutor appealed against the decisions of the District Court directly to the Supreme Court, bypassing the Court of Appeal.

Additional information: Supreme Court Communications Services: kko.viestinta(at)oikeus.fi, tel. 02956 40060, 02956 40052

The rulings KKO:2022:25 and KKO:2022:26 (R2019/424 and R2019/425, 13.4.2022) can be ordered from the Supreme Court Registry, tel. 029 56 40050, korkein.oikeus(at)oikeus.fi.