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R. V. Marshall; R. V. Bernard
''R v Marshall; R v Bernard'' 2005 SCC 43 is a leading Aboriginal rights decision of the Supreme Court of Canada where the Court narrowed the test from '' R. v. Marshall'' for determining the extent of constitutional protection upon Aboriginal practices. The Court held that there was no right to commercial logging granted in thePeace and Friendship treaties of 1760, the same set of treaties where the right to commercial fishing was granted in the ''R. v. Marshall'' decision. This decision also applied and developed the test for aboriginal title from '' Delgamuukw v British Columbia''. Background This decision considers two separate cases. In the first one, Stephen Marshall (no relation to Donald Marshall) and 34 other Mi'kmaq were charged with cutting down timber on Nova Scotia Crown land without a permit. In the second case, Joshua Bernard, a Mi'kmaq man, was charged with possession of logs stolen from a rural New Brunswick saw mill that were cut from Crown lands. In both cases ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...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] |
Donald Marshall Jr
Donald is a masculine given name derived from the Gaelic name ''Dòmhnall''.. This comes from the Proto-Celtic *''Dumno-ualos'' ("world-ruler" or "world-wielder"). The final -''d'' in ''Donald'' is partly derived from a misinterpretation of the Gaelic pronunciation by English speakers, and partly associated with the spelling of similar-sounding Germanic names, such as ''Ronald''. A short form of ''Donald'' is ''Don''. Pet forms of ''Donald'' include ''Donnie'' and ''Donny''. The feminine given name ''Donella'' is derived from ''Donald''. ''Donald'' has cognates in other Celtic languages: Modern Irish ''Dónal'' (anglicised as ''Donal'' and ''Donall'');. Scottish Gaelic ''Dòmhnall'', ''Domhnull'' and ''Dòmhnull''; Welsh '' Dyfnwal'' and Cumbric ''Dumnagual''. Although the feminine given name ''Donna'' is sometimes used as a feminine form of ''Donald'', the names are not etymologically related. Variations Kings and noblemen Domnall or Domhnall is the name of many ancie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mi'kmaq People
The Mi'kmaq (also ''Mi'gmaq'', ''Lnu'', ''Miꞌkmaw'' or ''Miꞌgmaw''; ; ) are a First Nations in Canada, First Nations people of the Indigenous peoples of the Northeastern Woodlands, Northeastern Woodlands, indigenous to the areas of Canada's Atlantic Canada, Atlantic Provinces and the Gaspé Peninsula of Quebec as well as the northeastern region of Maine. The traditional national territory of the Mi'kmaq is named Miꞌkmaꞌki (or Miꞌgmaꞌgi). There are 170,000 Mi'kmaq people in the region, (including 18,044 members in the recently formed Qalipu First Nation in Newfoundland.) Nearly 11,000 members speak Miꞌkmaq language, Miꞌkmaq, an Eastern Algonquian languages, Eastern Algonquian language. Once written in Miꞌkmaq hieroglyphic writing, Miꞌkmaw hieroglyphic writing, it is now written using most letters of the Latin alphabet. The Mi'kmaq, Maliseet, and Passamaquoddy, Pasamaquoddy nations signed a series of treaties known as the Covenant Chain of Peace and Friendship ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Land
Crown land (sometimes spelled crownland), also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. Today, in Commonwealth realms such as Canada and Australia, crown land is considered public land and is apart from the monarch's private estate. In Britain, the hereditary revenues of Crown lands provided income for the monarch until the start of the reign of George III, when the profits from the Crown Estate were surrendered to the Parliament of Great Britain in return for a fixed civil list payment. The monarch retains the income from the Duchy of Lancaster. Australia In Australia, public lands without a specific tenure (e.g. National Park or State Forest) are referred to as Crown land or State Land, which is described as being held in the "right of the Crown" of either an individual State or the Commonwealth of Australia; there is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (McLachlin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Beverley McLachlin as Chief Justice of Canada to her retirement in 2017. 2000–2004 2005–2009 2010–2017 See also * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (2000-present) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Canadian Crown And First Nations, Inuit And Métis
The association between the Canadian Crown and Indigenous peoples in Canada stretches back to the first decisions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and Indigenous nations. First Nations, Inuit, and Métis peoples in Canada have a unique relationship with the reigning monarch and, like the Māori and the Treaty of Waitangi in New Zealand, generally view the affiliation as being not between them and the ever-changing Cabinet, but instead with the continuous Crown of Canada, as embodied in the reigning sovereign. These agreements with the Crown are administered by Canadian Aboriginal law and overseen by the Minister of Indigenous and Northern Affairs. Relations The association between Indigenous peoples in Canada and the Canadian Crown is both statutory and traditional, the treaties being seen by the first peoples both as legal contracts and as perpetual and person ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
:Category:Canadian Aboriginal Case Law
Case law involving Canadian Aboriginal law. {{Canadian Aboriginal case law, state=expanded Case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ... Aboriginal case law Indigenous case law History of Indigenous peoples in Canada Indigenous rights in Canada Land case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Numbered Treaties
The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous peoples in Canada, and the reigning monarch of Canada (Victoria, Edward VII or George V) from 1871 to 1921. These agreements were created to allow the Government of Canada to pursue settlement and resource extraction in the affected regions, which include modern-day Alberta, British Columbia, Manitoba, Ontario, Saskatchewan, and the Northwest Territories. These treaties expanded the Dominion of Canada with large tracts of land in exchange for promises made to the indigenous people of the area. These terms were dependent on individual negotiations and so specific terms differed with each treaty. These treaties came in two waves—Numbers 1 through 7 from 1871 to 1877 and Numbers 8 through 11 from 1899 to 1921. In the first wave, the treaties were key in advancing European settlement across the Prairie regions as well as the d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Act
The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how the Government of Canada interacts with the 614 First Nation bands in Canada and their members. Throughout its long history, the act has been a subject of controversy and has been interpreted in different ways by both Indigenous Canadians and non-Indigenous Canadians. The legislation has been amended many times, including "over five major changes" made in 2002. The act is very wide-ranging in scope, covering governance, land use, healthcare, education, and more on Indian reserves. Notably, the original ''Indian Act'' defines two elements that affect all Indigenous Canadians: :It says how reserves and bands can operate. The act sets out rules for governing Indian reser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Thirty-five Of The Constitution Act, 1982
Section 35 of the ''Constitution Act, 1982'' provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. The section, while within the Constitution of Canada, falls outside the ''Canadian Charter of Rights and Freedoms''. The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land (cf. aboriginal title) and the right to enforcement of treaties. There remains a debate over whether the right to indigenous self-government is included within section 35. the Supreme Court of Canada has made no ruling on the matter. However, since 1995 the Government of Canada has had a policy recognizing the inherent right of self-government under section 35. Text The provision provides that: Aboriginal rights In 1982, when section 35 was entrenched into the Canadian Constitution, Delbert Riley — who was then the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Health Transfer Policy (Canada)
The Canadian Indian Health Transfer Policy provides a framework for the assumption of control of health services by Indigenous peoples in Canada and set forth a developmental approach to transfer centred on the concept of self-determination in health. Through this process, the decision to enter into transfer discussions with Health Canada rests with each community. Once involved in transfer, communities are able to take control of health program responsibilities at a pace determined by their individual circumstances and health management capabilities. Background To put health transfer in context, it is useful to understand from a historical perspective how First Nations, Inuit, Métis and the Canadian federal government through Indian and Northern Affairs have worked together to respond to Indigenous peoples expressed desire to manage and control their own health programs. 1969 White Paper The White Paper was a federal government policy paper which proposed to remove the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
