''Mitchell v MNR'',
001 001, O01, or OO1 may refer to:
*1 (number), a number, a numeral
*001, fictional British agent, see 00 Agent
*001, former emergency telephone number for the Norwegian fire brigade (until 1986)
*AM-RB 001, the code-name for the Aston Martin Valkyrie ...
1 S.C.R. 911 is a leading
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, wh ...
decision on
aboriginal
Aborigine, aborigine or aboriginal may refer to:
*Aborigines (mythology), in Roman mythology
* Indigenous peoples, general term for ethnic groups who are the earliest known inhabitants of an area
*One of several groups of indigenous peoples, see ...
rights under
section 35(1) of the ''
Constitution Act, 1982''. The court held that Mitchell's claim to an aboriginal right to import goods across the
Canada–
US border was invalid as he was unable to present enough evidence showing that the importation was an integral part of the band's distinctive culture.
In 1988, Grand Chief Michael Mitchell, a
Mohawk of
Akwesasne, attempted to bring goods from the US into Canada. At the border he declared everything that he had purchased in the US but refused to pay any duty on it, claiming that he had an aboriginal right to bring goods across the border.
At trial, the Federal Court agreed with Mitchell and held that there was an aboriginal right to import goods. The decision was upheld by the Federal Court of Appeal.
The Supreme Court overturned the decision, and held that Mitchell was required to pay duty for all of the goods he imported.
See also
*
List of Supreme Court of Canada cases (McLachlin Court)
*
The Canadian Crown and First Nations, Inuit and Métis
*
Canadian Aboriginal case law
*
Numbered Treaties
*
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 ...
*
Section Thirty-five of the Constitution Act, 1982
*
Indian Health Transfer Policy (Canada)
External links
*
Canadian Aboriginal case law
Supreme Court of Canada cases
2001 in Canadian case law
Taxation case law
Canada–United States relations
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