The Heiltsuk Nation in British Columbia proved by application of the Van der Peet test that they have an Aboriginal right to take and sell herring spawn on kelp in commercial quantities. However, the Court decided that, unlike the right to fish for food, ceremonial, and societal purposes in R. v. Sparrow (Period 8 above), the priority given to commercial Aboriginal rights over sport and other commercial fishing is not absolute. Regional and economic fairness and the historical participation of others in the fishery can be taken into account by the federal government in distributing the available catch.