OTTAWA — A 1998 project that allowed three aboriginal bands a 24-hour exclusive salmon fishery in British Columbia's Fraser River was constitutional, the Supreme Court of Canada ruled Friday.

The justices ruled 9-0 that the federal government could give the First Nations a head start on the commercial fishing season while excluding non-natives.

The decision upheld the convictions of more than 50 non-native fishermen who set their nets for sockeye salmon during the window reserved for the aboriginals.

While the B.C. provincial court originally stayed the charges on the grounds that the special fishery violated the charter rights of the non-natives, that decision was overturned on appeal and they were convicted of illegal fishing.

The Supreme Court agreed with the Court of Appeal and held that the special fishery for natives was an attempt to help a disadvantaged group, which is expressly allowed under section 15 (2) of the charter.

Chief Justice Beverley McLachlin and Justice Rosalie Abella wrote that this fishery fell under the part of the charter that essentially allows affirmative-action programs.

The non-natives couldn't claim a violation of their rights, they said.

"The claim of discrimination must fail," the judgment said.