Cases

Important First Nations and/or resource-based legal cases.

Guerin v. The Queen (1984)

"In 1955, the Musqueam Indian band approved a surrender, ‘in trust", of some of its reserve land in the City of Vancouver for the purpose of lease to a golf and country club. While the leasing transaction had been discussed in detail with the Band, the actual terms of the surrender document did not incorporate those details."

Annotation, the Dickson Judgment, the Estey Judgement, the Wilson Judgement, and a history of the case.

http://www.bloorstreet.com/200block/rguerin.htm

 

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Sparrow v. The Queen (1990)

"The Sparrow case was the first in which the Supreme Court of Canada dealt with section 35 of the Constitution Act, 1982 which recognizes and affirms ‘the existing aboriginal and treaty rights of the aboriginal peoples of Canada’". Annotation, reasons of the Court, and a history of the case.

http://www.bloorstreet.com/200block/rsparrow.htm

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Canadian Pacific Ltd. v. Matsqui Indian Band (1995)

"Amendments to the Indian Act enabled First Nations bands to pass their own by-laws for the levying of taxes against real property on reserve lands. The appellant bands each developed taxation and assessment by-laws which were implemented following the Minister's approval.

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Blueberry River Indian Band v. The Queen (1995)

"In 1916 the Beaver Band of Indians entered into a treaty with the Crown. In exchange for surrendering aboriginal title, the Band was given a parcel of land in British Columbia. The Band was nomadic, subsisting through trapping and hunting. The reserve was used as the site of its summer campground; in the winter, the Band trapped further north.

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