Case Law

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The Government of Canada's Response to the Descheneaux Decision

Documents & Presentations
Author/Creator
Indigenous and Northern Affairs Canada (INAC)
Superior Court of Quebec ruled that several paragraphs and one sub-section relating to Indian registration (status) under section 6 of the Indian Act violated equality provisions under the Canadian Charter of Rights and Freedoms. Found difference of treatment between women and men and their respective descendants.
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Government Responses to the Indian Residential Schools Settlement in Canada: Implications for Australia

Articles » Scholarly, peer reviewed
Author/Creator
Bradford W Morse
Australian Indigenous Law Review, vol. 12, no. 1, 2008, pp. 41-59
Gives overview of the events leading to the Settlement Agreement including: history of the system, criminal, civil, and class action cases, the Official Apology, Settlement Agreement and the establishment of The Truth and Reconciliation Commission. As well, discusses lessons that may be learned when considering a resolution with Australia's Aborigine population.
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Government Will Appeal Court Ruling

Articles » General
Anglican Journal, vol. 130, no. 3, March 2004, p. 8
Blackwell decision finds government 100 per cent liable for damages suffered at the Alberni Indian Residential School; application for appeal to Supreme Court of Canada to be made.
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Guerin v. The Queen, [1984] 2 S.C.R. 335

Alternate Title
Delbert Guerin, Joseph Becker, Eddie Campbell, Marg Charles, Gertrude Guerin and Gail Sparrow Suing on Their Own Behalf and on Behalf of All Other Members of the Musqueam Indian Band
E-Books » Chapters
Author/Creator
Supreme Court Canada
The Crown did a lease on the Band's behalf but the lease had little resemblance to terms approved at a prior surrender meeting. Supreme Court Reporter at page 335 to 395. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Guide for Lawyers Working with Indigenous Peoples

Documents & Presentations
Author/Creator
Advocates' Society
Indigenous Bar Association
Law Society of Ontario

Includes brief historical overview of Indigenous peoples and cultural competency, practical tools and guidance for advocates, list of resources for specific assistance, and suggestions for further reading.

Related Material: 1st Supplement.

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Haida Nation v. B.C. and Weyerhaeuser 2002 BCCA 147

Alternate Title
Council of the Haida Nation and Guujaaw on their own behalf and on behalf of all member of the Haida Nation PLAINTIFFS (Appellants) [...]
Documents & Presentations
Author/Creator
Court of Appeal for British Columbia
Principal issue was obligation on the Crown and third parties to consult with an Aboriginal people who have claimed Aboriginal title about possible infringements before claim has been decided.
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Haida's Case

Articles » General
Globe and Mail, vol. 312, March 8, 2002, p. 16
Haida have never given up their claim to their land, but it was the Delgamuukw court case that helped their claim.
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'Hang Onto These Words': Johnny David's Delgamuukw Evidence

Book Reviews
Author/Creator
Tom G. Svensson
The Canadian Journal of Native Studies, vol. 27, no. 2, 2007, pp. 516-517
Book review of: 'Hang Onto These Words': Johnny David's Delgamuukw Evidence edited by Antonia Mills. Scroll to page 516 to read review.
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Harry Daniels, Gabriel Daniels, Leah Gardner, Terry Joudrey and the Congress of Aboriginal Peoples and Her Majesty the Queen, as Represented by the Minister of Indian Affairs and Northern Development and the Attorney General of Canada: Reasons For Judgment

Documents & Presentations
Author/Creator
Federal Court of Canada
Federal court case to decide if non-status Indian and Métis should be identified as "Indians" under the Constitution Act, 1867.
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Harvesters Push the Boundaries of Provincial Law

Articles » General
Author/Creator
Shari Narine
Windspeaker, vol. 28, no. 6, September 2010, p. 9

Looks at a court case dealing with the rights of Métis to hunt and harvest across provincial borders.

Entire issue on one pdf. To access article scroll to p.9.

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Heeding the Voice of Native Women: Toward an Ethnic of Decolonization

Articles » Scholarly, peer reviewed
Author/Creator
Carrie A. Martell
Sarah Deer
North Dakota Law Review, vol. 81, no. 4, Fall, 2005, pp. 807-822
Exploration of whether Carol Gilligan's discussion of the role of gender in the legal field, In a Different Voice, also applies to Aboriginal women in relation to modern tribal courts.
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Her Majesty in Right of Newfoundland and Labrador as Represented by the Minister of Environment and Conservation and the Minister of Transportation and Works

and The Labrador Métis ...

Alternate Title
In the Supreme Court of Newfoundland and Labrador Court of Appeal
Newfoundland and Labrador vs. Labrador Métis Nation
Documents & Presentations
Author/Creator
Supreme Court of Newfoundland and Labrador
Court of Appeal
At issue is whether Métis located in southern Labrador have rights which compel the Crown to engage in consultation regarding areas affected by Phase III of the Trans-Labrador Highway.
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The Highest Right That a Man Hath': Maritime Property Rights Regimes and BC First Nations

Articles » Scholarly, peer reviewed
Author/Creator
Dianne Newell
Native Studies Review, vol. 11, no. 1, Native People in British Columbia: Recent Research, 1996, p. 49–64
Discusses the issue of Aboriginal fishing & trading practices and how it relates to the present-day controversy on whether Native people should have commercial rights to fishing resources.
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Highlights of the Marshall Decision

Alternate Title
SRSF Factsheet ; 1
Documents & Presentations
Author/Creator
Social Research for Sustainable Fisheries
Focuses on direct quotations from the Supreme Court's decision respecting the case which dealt with the treaty right to fish for commercial purposes. The Mi'kmaw man had been charged with several offences under the Fisheries Act: fishing eels out of season, without a license and with an illegal net.
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History of Modern Aboriginal Law

Media » Film and Video
Author/Creator
Bob Atkin
Sacha Paul
Highlights significant court decisions which established the principles of current law. Duration: 11:38.
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The History of the Upper Skeena Region, 1850 to 1927

Alternate Title
Research Report and Notes: The History of the Upper Skeena Region, 1850 to 1927
Articles » Scholarly, peer reviewed
Author/Creator
Robert Galois
Native Studies Review, vol. 9, no. 2, l993-1994, pp. 113-183
Discusses the protest actions of the Gitksan and the Wet'suwet'en Nation and their appeal to the British Columbia Court of Appeal.
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History, the Courts and Treaty Policy: Lessons from Marshall and Nisga'a

E-Books » Chapters
Author/Creator
J.R. (Jim) Miller
Aboriginal Policy Research, vol. 1

Discusses landmark court cases dealing with fishing rights in Nova Scotia and a dispute involving Aboriginal title which took place in British Columbia. Chapter two from Setting the Agenda for Change, vol. 1, which vol. 1 in the Aboriginal Policy Research series. Originally presented at the Aboriginal Policy Research Conference, 2002.

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How to Read Aboriginal Legal Texts From Upper Canada

Articles » Scholarly, peer reviewed
Author/Creator
Mark D. Walters
Journal of the Canadian Historical Association, vol. 14, no. 1, New Series, 2003, pp. 93-116
Uses a case study of aboriginal written law enacted in 1830 by the chief and council of the Mississaugas of Credit River to illustrate four different ways of interpreting a document.
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Human Rights, the Charter, and Access to Justice

Documents & Presentations
Author/Creator
Jennifer Koshan
Looks at the Federal Court of Appeal's decision to endorse the Canadian Human Rights Tribunal's ruling regarding challenges to discriminatory federal legislation.
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Hybrid Identities in Canada's Red River Colony

Articles » Scholarly, peer reviewed
Author/Creator
Sharron A. Fitzgerald
The Canadian Geographer, vol. 51, no. 2, Summer, 2007, pp. 186-201
Author analyzes of two different legal cases involving Métis women: Foss v. Pelly and The Queen v. Corbett, examines the role that gender and race played in the culture of the Red River Colony, and in the fur trade.
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