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RAVEN - Respecting Aboriginal Values and Environmental Needs

The Landmark Gladstone Case

R v Gladstone Year: 1996 Court: Supreme Court of Canada Citation: [1996] 2 S.C.R. 723 Location: BC TAGS: Infringement of Aboriginal Rights; Natural Resources – Fisheries; Commercial right to trade herring spawn on kelp To justify an infringement of an Aboriginal right, the government must have a valid, substantial and compelling objective that is in...
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Algonquin harvesting case

R v Côté  Year: 1996 Court: Supreme Court of Canada Citation: [1996] 3 S.C.R. 139 Location: QC TAGS: Aboriginal Rights; Fishing Rights Claims for Aboriginal rights can be made independently from claims for Aboriginal Title. Claims for Aboriginal rights can be made in every Canadian jurisdiction.  Summary: Five members of the Algonquin people, including Côté,...
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The case of the Fisherman versus the Queen

R v Adams Year: 1996 Court: Supreme Court of Canada Citation: [1996] 3 S.C.R. 101 Location: QC TAGS: Constitutional; Fishing Rights Aboriginal rights are a broader concept than aboriginal title and are not limited to areas where a group has proven title. These rights exist throughout Canada and exist equally through areas of French and...
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The Hydro Quebec case

Quebec (Attorney General) v. Canada (National Energy Board) Year: 1994  Court: Supreme Court of Canada Citation: [1994] 1 S.C.R. 159 Location: QC TAGS: Fiduciary Duty The fiduciary duty between the Crown and Indigenous peoples does not gives rise to a duty on the part of the NEB to make decisions based on the best interests...
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Mitchell v Canada

Mitchell v Canada (Minister of National Revenue – M.N.R.) Year: 2001 Court: Supreme Court of Canada Citation: 2001 SCC 33 Location: QC TAGS: Constitutional; Trade; Customs; Taxation For an activity to receive protection as an Aboriginal right, it must be core to the identity of the Aboriginal group. Summary: In 1988, Mitchell, a Mohawk of...
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Mikisew Cree First Nation v Canada

Mikisew Cree First Nation v Canada (Minister of Canadian Heritage) Year: 2005 Court: Supreme Court of Canada Citation: 2005 SCC 69 Location: AB TAGS: Duty to Consult; Treaty Rights The Crown has a duty to directly and meaningfully consult with treaty signatories prior to constructing within their territory. Summary: The Mikisew Cree Nation is located...
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Manitobe Metis Federation land claim

Manitoba Métis Federation v Canada (Attorney General) Year: 2013 Court: Supreme Court of Canada Citation: 2013 SCC 14 Location: MB TAGS: Honour of the Crown; Fiduciary Duty The honour of the Crown includes a duty of diligence in fulfilling obligations.  Summary: In 1870, Manitoba was created by the Manitoba Act through negotiations between Métis and...
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Lax Kw’alaams claim harvesting rights

Lax Kw’alaams Indian Band v. Canada (Attorney General) Year: 2011 Court: Supreme Court of Canada Citation: 2011 SCC 56 Location: BC TAGS: Fishing Rights; Harvesting Rights; Fiduciary Duty Complex issues regarding Aboriginal rights are better suited to civil actions rather than the regulatory proceedings. When deciding Aboriginal rights claims, a court must consider the 4-step...
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Haida claim to Haida Gwaii

Haida Nation v British Columbia (Minister of Forests) Year: 2004  Court: Supreme Court of Canada Citation: 2004 SCC 73 Location: BC TAGS: Duty to Consult; Aboriginal Title; Natural Resources; Forestry The Crown has a duty to consult and, if appropriate, accommodate Indigenous peoples even when Aboriginal title has not been proved.  Summary:  The Haida Nation...
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