723 is a leading Supreme Court of Canada decision on non-treaty Aboriginal rights under section 35 of the Constitution Act, 1982.

In their defence, the brothers claimed that they had a right to sell herrings under section 35 of the Constitution Act, 1982.

At trial, they presented evidence showing that trade of herring spawn was a significant part of the Heiltsuk band's way of life prior to contact.

Chief Justice Lamer, for the majority, found that there was an aboriginal right to sell herring spawn under the Van der Peet test.

In analyzing the rights infringement, he rejected prioritizing limited natural resources as described in R v Sparrow.