RAVEN - Respecting Aboriginal Values and Environmental Needs

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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Guerin vs. the Queen

Guerin v R Year: 1984 Court: Supreme Court of Canada Citation: [1984] 2 S.C.R 335 Location: BC TAGS: Fiduciary Duty The federal government is obligated to act in the best interest of Aboriginal peoples as part of its fiduciary duty, especially with respect to “lands reserved for Indians.” Summary: In 1958 the federal government leased...
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Grassy Narrows 1

Grassy Narrows First Nation v Ontario (Minister of Natural Resources) Year: 2014 Court: Supreme Court of Canada Citation: 2014 SCC 48  Location: ON TAGS: Treaty Rights; Natural Resources Both the federal and provincial governments exercise power over treaty lands in conformity with their respective fiduciary obligations and their respective legislative jurisdictions. Summary: In 1873, Treaty...
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