Day: October 30, 2012

To Build a Log Cabin: Sundown v. the Queen

By RAVEN / October 30, 2012 /

R v. Sundown Year: 1999 Court: Supreme Court of Canada Citation: [1999] 1 SCR 393 Location: SK TAGS: Hunting Rights; Harvesting Rights; Treaty Rights The right to hunt includes activities reasonably incidental to the act of hunting.  Summary: In R v Sundown, the accused was a member of the Joseph Bighead First Nation that was…

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Sto:lo Nation Van der Peet Case

By RAVEN / October 30, 2012 /

R v. Van der Peet  Year: 1996  Court: Supreme Court of Canada Citation: [1996] 2 S.C.R 507 Location: BC TAGS: Aboriginal Rights; Fisheries The test for defining Aboriginal rights recognized and affirmed in s.35(1) of the Constitution Act 1982 must identify the practices, traditions and customs integral to distinctive Aboriginal societies that existed in North…

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The Sparrow Test

By RAVEN / October 30, 2012 /

R v. Sparrow Year: 1990 Court: Supreme Court of Canada Citation: 1 SCR 1075 Location: BC TAGS: Fishing Rights; Harvesting; Constitutional This case established the test for justifiable infringement by the Crown of Aboriginal rights recognized and affirmed by section 35(1) of the Constitution Act, 1982. Summary: In 1984, a Musqueam Indian Band member was…

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“The Core of the Culture”: Sappier + Gray case

By RAVEN / October 30, 2012 /

R v Sappier; R v Gray Year: 2006 Court: Supreme Court of Canada Citation: 2006 SCC 54 Location: NS TAGS: Constitutional; Harvesting Rights Aboriginal rights protected under s.35 of the Constitution Act, 1982 include methods of traditional sustenance and are not limited to activities that are a “core of the culture.” Summary: R v Sappier;…

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The Powley Story: Metis rights

By RAVEN / October 30, 2012 /

R v. Powley Year: 2003 Court: Supreme Court of Canada Citation: 2003 SCC 43 Location: ON TAGS: Métis Rights; Harvesting Rights The Supreme Court of Canada modified the Van der Peet test for proving Aboriginal rights for Métis people. Summary:  In 1993, Steve and Roddy Powley killed a bull moose near Sault Ste Marie, ON.…

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Pamajewon Case – claims for self-government

By RAVEN / October 30, 2012 /

R v. Pamajewon Year: 1996 Court: Supreme Court of Canada Citation: [1996] 2 S.C.R 821  Location: ON TAGS: Self-government; Gambling Claims for self-government are no different than claims for other Aboriginal rights and, therefore, should be judged by the standard found in R v Van der Peet. Summary: Two members of the Shawanaga First Nation…

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Unlicensed? The Nikal case

By RAVEN / October 30, 2012 /

R. v. Nikal Year: 1996 Court: Supreme Court of Canada Citation: [1996] 1 S.C.R. 1013 Location: BC TAGS: Fishing Rights; Harvesting Rights Every action affecting an Aboriginal right does not necessarily infringe on Aboriginal rights.  Summary: A member of the Wet’suwet’en nation was charged with fishing without a license, contrary to s.4(1) of the British…

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Night hunting in Tsartlip territory

By RAVEN / October 30, 2012 /

R v. Morris Year: 2006 Court: Supreme Court of Canada Citation: 2006 SCC 59 Location: BC TAGS: Treaty Rights; Harvesting Rights For an infringement of a treaty right to be found, there must be a meaningful diminution of the treaty right.  Summary: Morris and Olsen, two members of the Tsartlip Band of the W̱SÁNEĆ Nation…

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The Marshall Case – the right to livelihood

By RAVEN / October 30, 2012 /

R v. Marshall Year: 1999 Court: Supreme Court of Canada Citation: [1999] 3 S.C.R. 456 Location: NS TAGS: Treaty Rights  This landmark case summarized the principles of interpretation for historic Indigenous-Crown treaties in Canada. Summary: Donald Marshall, a Mi’kmaq person, caught 463 pounds of eels in Pomquet Harbour, Nova Scotia, and sold them for $787.10,…

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Treaty Rights to Hunt: The Horseman case

By RAVEN / October 30, 2012 /

R v. Horseman Year: 1990 Court: Supreme Court of Canada Citation: [1990] 1 S.C.R 901 Location: AB  TAGS: Treaty Rights; Harvesting Rights Treaty rights to hunt commercially can be extinguished by subsequent agreements. Summary: While hunting for food, Horseman, a man from Treaty 8, killed a grizzly bear in self-defense and kept the hide. At…

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