Cases

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

Haida v. The Queen (1997)

"The appellant, a native, was charged with selling 10 salmon caught under the authority of an Indian food fish licence, contrary to s. 27(5) of the British Columbia Fishery (General) Regulations, which prohibited the sale or barter of fish caught under such a licence. The restrictions imposed by s. 27(5) were alleged to infringe the appellant's aboriginal right to sell fish and accordingly were invalid because they violated s. 35(1) of the Constitution Act, 1982." British Columbia Court of Appeal ruling:

http://www.courts.gov.bc.ca/jdb-txt/ca/97/06/c97-0669.txt

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Haida Nation v. B.C. (Minister of Forests) and Weyerhaeuser (2004)

"Whether the Crown has duty to consult and accommodate Aboriginal peoples prior to making decisions that might adversely affect their as yet unproven Aboriginal rights and title claims -- Whether duty extends to third party."

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Taku River Tlingit First Nation v. British Columbia (2004)

"Whether the consultation and accommodation engaged in by the Province prior to issuing the Project Approval Certificate for the Tulsequah Chief Mine were adequate to satisfy the honour of the Crown"

Supreme Court of Canada ruling:

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Supreme Court of Canada Reports of Published Judgments

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