Mapping Justice

Tar Sands Trial

By RAVEN / September 18, 2020 /

Beaver Lake Cree Nation filed a constitutional challenge over the impacts of multiple tar sands mines and other industrial development in Beaver Lake Cree territory. They are the first community to ever challenge – and be granted a trial on – the cumulative environmental, social, and cultural impacts of industrial development. A win would force…

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The Case for Metis Rights – Nova Scotia

By RAVEN / July 15, 2020 /

See original post about this case: “Daniels v Canada – The Case for Metis Rights” Search All Cases:

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The Case for Metis Rights – Ontario

By RAVEN / July 15, 2020 /

See original post about this case: “Daniels v Canada – The Case for Metis Rights” Search All Cases:

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Wewaykum Indian Band v. Canada

By RAVEN / October 31, 2012 /

Wewaykum Indian Band v. Canada Year: 2002 Court: Supreme Court of Canada Citation: 2002 SCC 79 Location: BC TAGS: Fiduciary Duty The fiduciary duty that exists between the federal government and Indian bands is not an overarching duty that exists in every situation, but only in relation to specific interests of the Indian band. Summary:…

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“Effective Control”: The Tsilhqot’in Title Case

By RAVEN / October 31, 2012 /

Aboriginal title recognizes that Aboriginal peoples are the owners of the land that they have occupied since time immemorial, with rights as to how it will be used. Aboriginal title to land exists in broad territories, not only small parcels. Summary: In this case, Chief Roger William, on behalf of the Xeni Gwet’in community and…

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Taku River Tlingin Nation v. BC

By RAVEN / October 31, 2012 /

Taku River Tlingit First Nation v. British Columbia (Project Assessment Director) Year: 2004 Court: Supreme Court of Canada Citation: 2004 SCC 74 Location: BC TAGS: Duty to Consult; Mineral/Mining/Natural Resources The duty to consult arises whenever the Crown has knowledge that an Aboriginal rights or title claim may be adversely impacted by a proposed activity. …

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“Grace and Policy”: St. Catharine’s Milling & Lumber Co v. the Queen

By RAVEN / October 31, 2012 /

St. Catharines Milling & Lumber Co. v. R,  Year: 1887 Court: Supreme Court of Canada Citation: 13 S.C.R. 577 Location: ON TAGS: Aboriginal Title This decision affirmed that Aboriginal title existed as a right at common law in Canada, but that it could be extinguished at the Crown’s pleasure. This case was the leading decision…

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Carrier Sekani v. Mining Giant Rio Tintan Alcan

By RAVEN / October 31, 2012 /

Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council  Year: 2010 Court: Supreme Court of Canada Citation: 2010 SCC 43 Location: BC TAGS: Duty to Consult; Natural Resources – Mineral; Natural Resources – Mining This case defined the duty to consult and established the conditions in which a duty to consult is triggered.  Summary: Since…

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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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