cases

Question 1

R v. Sparrow

Answer 1

Musqueam First Nation, BC
- commercial fisherman fought for ancestral right to fish
- brought to supreme court, won with great recognition
- national aboriginal achievement award

Question 2

Tsilhqot’in v. BC

Answer 2

1st case to successfully establish declaration of aboriginal title over land the nation historically occupied
- wide area to south & west of Williams lake - traditional territory

Question 3

Delgamuukw v. BC

Answer 3

• dispute on Wet’suwet’en lands subject to pending FN title claim
• band council consented to building pipeline
• chiefs weren’t consulted - didn’t consent
• court confirmed that FN title entails rights to land, not just to extract resources
• oral testimonies used

Question 4

R v. Marshall 1999

Answer 4

• Donald Marshal Jr. - Mi’kmaq
• charged with fishing eels out of season, no license, illegal net
• argued rights based on 18th cent. treaty - exempt from regulations

Question 5

Donald Marshall Jr case in Nova Scotia

Answer 5

• convicted of murder he didn’t commit
• jailed for 11 years
• exonerated in 1983

Question 6

R v. Powley 2003

Answer 6

• Metis hunters Steve & his son Roddy shot moose
• charged with unlawful hunting and possession of game
• pleaded not guilty - asserted rights to hunt for food
• appealed charge

Question 7

Powley case - section 35 of constitution act

Answer 7

• treaty rights of aboriginal peoples in Canada
• aboriginal peoples includes Metis, FN, Inuit
• doesn’t clarify if Metis rights fall under federal or provincial jurisdiction

Question 8

Powley test

Answer 8

• characterization of right claimed - hunting for food etc
• whether claimant is member of contemporary community
• identification of historic Metis community
• historical time-frame of practice
• whether practice is integral to culture of claimant
• whether practice is continued by Metis community
• whether right was extinguished
• whether right was infringed upon
• if infringed - can infringement be justified