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RAVEN - Respecting Aboriginal Values and Environmental Needs

Sto:lo Nation Van der Peet case

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 America...
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The Sparrow Test

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...
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The Powley Story: Metis rights

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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Unlicensed? The Nikal case

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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