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R V Marshall
''R v Marshall (No 1)'' 9993 S.C.R. 456 and ''R v Marshall (No 2)'' 9993 S.C.R. 533 are two decisions given by the Supreme Court of Canada on a single case regarding a treaty right to fish. Decision No. 1 The Court held in the first decision that Donald Marshall's catching and selling of eels was valid under 1760 and 1761 treaties between the Mi'kmaq and Britain and that federal fishery regulations governing a closed fishing season and the regulating and the requirement of licences to fish and sell the catch would infringe the treaty right. In 1999, the court of appeal heard the Marshall case, indicated that the trial judge had made an error in law and overturned the decision (p. 89). The appeal judge Justice Binnie, stated that the trial judge's error was in not focusing attention on the Maliseet–British treaty of 1 February 1760. Commentary A 2009 book by a former Nova Scotia crown attorney, Alex M Cameron, who had argued similar cases for the Province against Ind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises 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 appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and 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 application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Act
The ''Indian Act'' () 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 reserves, defines how bands can be created, and defines the powers of "ba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1999 In Canadian Case Law
1999 was designated as the International Year of Older Persons. Events January * January 1 – The euro currency is established and the European Central Bank assumes its full powers. * January 3 – The Mars Polar Lander is launched by NASA. * January 25 – The 6.2 1999 Colombia earthquake, Colombia earthquake hits western Colombia, killing at least 1,900 people. February * February 7 – Abdullah II of Jordan, Abdullah II inherits the throne of Jordan, following the death of his father King Hussein of Jordan, Hussein. * February 11 – Pluto moves along its eccentric orbit further from the Sun than Neptune. It had been nearer than Neptune since 1979, and will become again in 23rd century, 2231. * February 12 – U.S. President Bill Clinton is acquitted in Impeachment of Bill Clinton, impeachment proceedings in the United States Senate. * February 16 ** In Uzbekistan, an apparent 1999 Tashkent bombings, assassination attempt against President Isl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2020 Mi'kmaq Lobster Dispute
The 2020 Mi'kmaq lobster dispute is an ongoing lobster fishing dispute between Sipekne'katik First Nation members of the Mi'kmaq and non-Indigenous lobster fishers mainly in Digby County and Yarmouth County, Nova Scotia. The dispute relates to interpretations of ''R v Marshall'', a 1999 Supreme Court of Canada ruling upholding the Halifax Treaties, empowering Indigenous Canadians the right to fish. Non-Indigenous fishers reacted with violence and intimidation tactics to fishing activities of the Indigenous lobster fishery, citing concerns of potential overfishing. History The Halifax Treaties were a collection of 11 written documents produced between 1760 and 1761, which, amongst other agreements provided Native Canadians the right to fish. In 1999, the treaty was upheld by the Supreme Court in ''R v Marshall (No. 1)'' and again affirmed Indigenous fishers the right to fish in order to support a "moderate livelihood". The semantics of the ruling have caused much of the dispute. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Day (Nova Scotia)
Treaty Day is celebrated by Nova Scotians annually on October 1 in recognition of the Treaties signed between the British Empire and the Mi'kmaq people. The first treaty was signed in 1725 after Father Rale's War. The final Halifax Treaties of 1760–61, marked the end of 75 years of regular warfare between the Mi'kmaq and the British (see the four French and Indian Wars as well as Father Rale's War and Father Le Loutre's War). The treaty making process of 1760–61, ended with the Halifax Treaties (1760–61). The treaties were only formally recognized by the Supreme Court of Canada once they were enshrined in the Canadian Constitution in 1982. The first Treaty Day occurred in 1986, the year after the Supreme Court upheld the Treaty of 1752 established by Edward Cornwallis and signed by Jean-Baptiste Cope and Governor Peregrine Hopson. Cornwallis was present for the signing at Cope's request. Since that time there have been numerous judicial decisions that have upheld th ... [...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 ... [...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 includes the entirety of modern-day Alberta, Manitoba, and Saskatchewan, as well as parts of modern-day British Columbia, Ontario, the Northwest Territories, Nunavut, and Yukon. These treaties expanded the Dominion of Canada resulting in the displacement of Indigenous populations for 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 ... [...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 st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusive Economic Zone
An exclusive economic zone (EEZ), as prescribed by the 1982 United Nations Convention on the Law of the Sea, is an area of the sea in which a sovereign state has exclusive rights regarding the exploration and use of marine natural resource, resources, including energy production from water and wind. It stretches from the outer limit of the territorial sea (22.224 kilometres or 12 nautical miles from the baseline) out 370.4 kilometres (or 200 nautical miles) from the coast of the state in question. It is also referred to as a maritime continental margin and, in colloquial usage, may include the continental shelf. The term does not include either the Territorial waters#Territorial sea, territorial sea or the continental shelf beyond the 200 nautical mile limit. The difference between the territorial sea and the exclusive economic zone is that the first confers full sovereignty over the waters, whereas the second is merely a "sovereign right" which refers to the coastal state's righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Canadian Crown And First Nations, Inuit And Métis
The association between the monarchy of Canada and Indigenous peoples in Canada stretches back to the first interactions 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, overseen by the minister of Crown–Indigenous relations, and expressed through numerous meetings and ceremonies, as well as exchanges of gifts and honours, involving Indigenous leaders, the monarch, his viceroy or viceroys, and/or other members of the Canadian royal fa ... [...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 a 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 ... Aboriginal case law Indigenous case law History of Indigenous peoples in Canada Indigenous rights in Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
