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RAVEN - Respecting Aboriginal Values and Environmental Needs

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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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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