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R. V. Guerin
''Guerin v The Queen'' 9842 S.C.R. 335 was a landmark Supreme Court of Canada decision on Aboriginal rights where the Court first stated that the government has a fiduciary duty towards the First Nations of Canada and established Aboriginal title to be a ''sui generis'' right. Background The Musqueam Indian band held roughly of prime land in the Vancouver area. In 1958, the federal government, on behalf of the band, made a deal with the Shaughnessy Heights Golf Club to lease of the land in order to build a golf club. However, the actual terms of the agreement between the government and the club were not those that were told to the band. In 1970, the band discovered the true terms and protested on the basis that the government had a duty to properly explain the full extent of the deal. At trial, the court held that the Crown had breached their trust with the band and awarded the Musqueam ten million dollars. This ruling was overturned by the Federal Court of Appeal. The matter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gertrude Guerin
Gertrude Ettershank Guerin or (1917-1998) was chief of the Musqueam Indian Band in British Columbia, Canada. Personal life Gertrude Ettershank was born on 26 March 1917 on the Mission Reserve on the north of the Fraser River, now part of North Vancouver (city), North Vancouver. She was from the Squamish people on her mother's side while her father was of English descent. Her mother died when she was aged 12, and she cared for her younger sister Vivian. She worked in a cannery, where she met Victor Guerin (died 1989), of the Musqueam First Nation. They married in 1936 and had five children. Guerin died 25 January 1998 and is buried alongside her husband in the cemetery on the Musqueam reserve: a plaque commemorates her in the church of St Michael the Archangel. Activist and chief In 1953-1954 Guerin and her husband moved to the Musqueam lands, where he worked as a fisherman and longshoreman. She sent her children to the local public school, where they would get a better educat ... [...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] |
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 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Land Title In Canada
In Canada, aboriginal title is considered a ''sui generis'' interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems. The Supreme Court of Canada has characterised the idea that aboriginal title is ''sui generis'' as the unifying principle underlying the various dimensions of that title. Aboriginal title is properly construed as neither a real right nor a personal right, despite the fact that it appears to share characteristics of both real and personal rights. Aboriginal title refers to the concept of a ''sui generis'' right in land that originates from the exclusive occupation and use of a specific territory by an aboriginal group over which the group has a native historic attachment. Source of aboriginal title In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grassy Narrows First Nation V
Grassy (meaning 'covered with grass' or 'resembling grass') may refer to: Populated places *Grassy, Lauderdale County, Alabama, an unincorporated community *Grassy, Marshall County, Alabama, an unincorporated community *Grassy, Missouri, unincorporated community in western Bollinger County, Missouri, United States *Grassy, Tasmania, small town on King Island in the Australian state of Tasmania Geographical features *Grassy Cove, enclosed valley in Cumberland County, Tennessee, in the southeastern United States *Grassy Hill, the tenth highest hill in Hong Kong *Grassy Island, small, uninhabited 72-acre (29 ha) American island in the Detroit River *Grassy Key, island in the middle Florida Keys *Grassy Lake Dam, small dam operated by the U.S. Bureau of Reclamation in Teton County, Wyoming *Grassy Range, mountain range in Jackson County, Oregon *Grassy Ridge Grassy Ridge is a ridge in the Blue Ridge Mountains in Georgia that runs south to north along the Eastern Continental Divi ... [...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] |
R V Sparrow
''R v Sparrow'', 9901 S.C.R. 1075 was an important decision of the Supreme Court of Canada concerning the application of Aboriginal rights under section 35(1) of the Constitution Act, 1982. The Court held that Aboriginal rights, such as fishing, that were in existence in 1982 are protected under the Constitution of Canada cannot be infringed without justification on account of the government's fiduciary duty to the Aboriginal peoples of Canada. Background Ronald Edward Sparrow, a member of the Musqueam Band, was caught fishing with a drift net 45 fathoms (82 m) in length, 20 fathoms (37 m) longer than permitted by the band's fishing licence under the Fisheries Act of 1985. Sparrow admitted to all the facts in the charge but justified it on the ground that he was exercising his Aboriginal right to fish under section 35(1) of the Constitution Act, 1982. At trial, the judge found that section 35 protected only existing treaty rights and that there was no inherent right to fish. An ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Calder V British Columbia (AG)
''Calder v British Columbia (AG)'' [1973] SCR 313, [1973] 4 WWR 1 was a decision by the Supreme Court of Canada. It was the first time that Canadian law acknowledged that Aboriginal land title in Canada, aboriginal title to land existed prior to the colonization of the continent and was not merely derived from statutory law. In 1969, Frank Arthur Calder and the Nisga'a, Nisga'a Nation Tribal Council brought an action against the British Columbia government for a declaration that aboriginal title to certain lands in the province had never been lawfully extinguished. At trial and on appeal, the courts found that if there ever was aboriginal title in the land it was surely extinguished. The Supreme Court recognized that the Nisga'a had aboriginal title to the lands at the time when European settlers arrived. This was because the Nisga'a had been "organized in societies and occup[ied] the land as their forefathers had done for centuries" (Wilfred Judson, Justice Judson, writing for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of the ''Constitution Act, 1982'' states that the Act may be called the "''Constitution Act, 1982''", and that the ''Constitution Acts'' can be collectively called the "''Constitution Acts, 1867 to 1982''". The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the ''British North America Act, 1867'', including re-naming it the ''Constitution Act, 1867''.Section 1 of the ''British North America Act, 1867'' was amended to be re-named as the ''Constitution Act, 1867.'' Section 20 of the ''Constitution Act, 1867'' was repealed and replaced by section 5 of the Canadian Charter of Rights and Freedoms; and sections 91(1) and 92(1) were repealed: ''Constitution Act, 1982'', s. 53 and Sche ... [...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] |
