Mitchell V MNR
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''Mitchell v MNR'', 0011 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 rights under section 35(1) of the ''
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 t ...
''. The court held that Mitchell's claim to an aboriginal right to import goods across the
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
– 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 Mohawk may refer to: Related to Native Americans *Mohawk people, an indigenous people of North America (Canada and New York) *Mohawk language, the language spoken by the Mohawk people *Mohawk hairstyle, from a hairstyle once thought to have been t ...
of
Akwesasne The Mohawk Nation at Akwesasne ( ; french: Nation Mohawk à Akwesasne; moh, Ahkwesáhsne) is a Mohawk Nation (''Kanienʼkehá:ka'') territory that straddles the intersection of international (United States and Canada) borders and provincial (Ont ...
, 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

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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 * Li ...
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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 c ...
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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 ...
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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) ...
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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 ...
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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 Righ ...
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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 heal ...


External links

* Canadian Aboriginal case law Supreme Court of Canada cases 2001 in Canadian case law Taxation case law Canada–United States relations {{canada-law-stub