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Daniels V Canada (Indian Affairs And Northern Development)
is a case of the Supreme Court of Canada, which ruled that Métis and non-status Indians are "Indians" for the purpose of s 91(24) of the ''Constitution Act, 1867''. Parties The plaintiffs were Harry Daniels, a Métis activist from Saskatchewan, who died before the case was heard; his son Gabriel; Leah Gardner, a non-status Indian from Ontario; Terry Joudrey, a non-status Indian from Nova Scotia; and the Congress of Aboriginal Peoples. The defendants were Her Majesty the Queen, as represented by the Minister of Indian Affairs and Northern Development, and the Attorney General of Canada. Federal Court Arguments The plaintiffs asked the court to declare: # that Métis and non-status Indians are "Indians" as the term is used in s 91(24) of the ''Constitution Act, 1867'', # that the Queen owes a fiduciary duty to them as such, # and that they have the right to be consulted by the federal government on a collective basis, respecting their rights, interests and needs as Abor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources. History Preamble and Part I The act begins with a preamble declari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delgamuukw V British Columbia
''Delgamuukw v British Columbia'', 9973 SCR 1010, also known as ''Delgamuukw v The Queen'', ''Delgamuukw-Gisday’wa'', or simply ''Delgamuukw'', is a ruling by the Supreme Court of Canada that contains its first comprehensive account of Aboriginal title (a distinct kind of Aboriginal right) in Canada. The Gitxsan and Wet’suwet’en peoples claimed Aboriginal title and jurisdiction over 58,000 square kilometers in northwest British Columbia. The plaintiffs lost the case at trial, but the Supreme Court of Canada allowed the appeal in part and ordered a new trial because of deficiencies relating to the pleadings and treatment of evidence. In this decision, the Court went on to describe the "nature and scope" of the protection given to Aboriginal title under section 35 of the ''Constitution Act, 1982'', defined how a claimant can prove Aboriginal title, and clarified how the justification test from ''R v Sparrow'' applies when Aboriginal title is infringed. The decision is also im ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Aboriginal Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Métis In Canada
The Métis ( ; Canadian ) are Indigenous peoples who inhabit Canada's three Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United States. They have a shared history and culture which derives from specific mixed European (primarily French) and Indigenous ancestry which became a distinct culture through ethnogenesis by the mid-18th century, during the early years of the North American fur trade. In Canada, the Métis, with a population of 624,220 as of 2021, are one of three major groups of Indigenous peoples that were legally recognized in the Constitution Act of 1982, the other two groups being the First Nations and Inuit. Smaller communities who self-identify as Métis exist in Canada and the United States, such as the Little Shell Tribe of Chippewa Indians of Montana. The United States recognizes the Little Shell Tribe as an Ojibwe Native American tribe. Alberta is the only Canadian province with a recognized Mét ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The National Post
The ''National Post'' is a Canadian English-language broadsheet newspaper available in several cities in central and western Canada. The paper is the flagship publication of Postmedia Network and is published Mondays through Saturdays, with Monday released as a digital e-edition only.National Post to eliminate Monday print edition , June 19, 2017. Retrieved June 28, 2017 The newspaper is distributed in the provinces of , |
The Globe And Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it falls slightly behind the ''Toronto Star'' in overall weekly circulation because the ''Star'' publishes a Sunday edition, whereas the ''Globe'' does not. ''The Globe and Mail'' is regarded by some as Canada's "newspaper of record". ''The Globe and Mail''s predecessors, '' The Globe'' and ''The Mail and Empire'' were both established in the 19th century. The former was established in 1844, while the latter was established in 1895 through a merger of '' The Toronto Mail'' and the ''Toronto Empire''. In 1936, ''The Globe'' and ''The Mail and Empire'' merged to form ''The Globe and Mail''. The newspaper was acquired by FP Publications in 1965, who later sold the paper to the Thomson Corporation in 1980. In 2001, the paper merged with broadc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Western Bank V Alberta
''Canadian Western Bank v Alberta'' 0072 S.C.R. 3 is a landmark decision in Canadian constitutional law by the Supreme Court of Canada (SCC) relating to the division of powers between Federal and Provincial legislative bodies. Background In 2000, Alberta enacted changes to its ''Insurance Act'' purporting to make federally chartered banks subject to the provincial licensing scheme governing the promotion of insurance products. Upon the coming into force of that Act, Canadian Western Bank, together with other chartered banks, brought an application for a declaration: * that their promotion of certain insurance products authorized by the '' Bank Act'' was banking within the meaning of s. 91(15) of the '' Constitution Act, 1867'', and * that the ''Insurance Act'' and its associated regulations were constitutionally inapplicable to the banks' promotion of insurance by virtue of the doctrine of interjurisdictional immunity or, alternatively, inoperative by virtue of the doctri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Powley
, commonly called the Powley ruling, is a Supreme Court of Canada case defining Métis Aboriginal rights under section 35(1) of the '' Constitution Act, 1982''. Background A Sault Ste. Marie father and son, Steve and Roddy Powley, were charged in 1993 with possession of a moose that they had shot out of season and without a licence. The pair pleaded not guilty on the grounds that as Métis, they had an Aboriginal right to hunt that was not subject to Ontario game laws. Procedural history The Ontario Court of Justice agreed and dismissed the charges. The Ontario Attorney General appealed that decision to the Ontario Superior Court of Justice, which upheld the acquittals and denied the appeal. The Ontario Attorney General appealed again, to the Ontario Court of Appeal, which also upheld the acquittals and denied the appeal. Finally, Ontario appealed the decision to the Supreme Court of Canada, where a unanimous court upheld the decisions of the lower courts and defined a ten-st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Haida Nation V British Columbia (Minister Of Forests)
''Haida Nation v British Columbia (Minister of Forests)'', 0043 S.C.R. 511 is the leading decision of the Supreme Court of Canada on the Crown duty to consult Aboriginal groups prior to exploiting lands to which they may have claims. Background In 1961, the provincial government of British Columbia issued a "Tree Farm Licence" (TFL 39) over an area of land to which the Haida Nation claimed title. This title had not yet been recognized at law. The Haida Nation also claimed an Aboriginal right to harvest red cedar in that area. In 1981, 1995, and 2000 the Minister replaced TFL 39; in 1999 the Minister authorized a transfer to Weyerhauser Co. These actions were performed unilaterally, without consent from or consultation with the Haida Nation. The Haida Nation brought a suit, requesting that the replacement and transfer be set aside. The chambers judge found that the Crown was under a moral – but not legal – duty to negotiate with the Haida Nation. The British Columbia Court of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
