How has the Supreme Court affected aboriginal rights?
On June 26, 2014 the Supreme Court of Canada issued an unprecedented decision on indigenous land rights in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, granting the first declaration of Aboriginal Title in Canadian history.
What is required to maintain the Honour of the Crown and to effect reconciliation between the Crown and the Aboriginal peoples with respect to the interests at stake?
The controlling question in all situations is what is required to maintain the honour of the Crown and to effect reconciliation between the Crown and the Aboriginal people with respect to the interests at stake. The effect of good faith consultation may be to reveal a duty to accommodate.
Can you sue a native Canadian?
While Aboriginal rights are regarded as communal, the formal legal status even of Aboriginal bands is not clearly defined in Canadian law: bands may not be able to sue or be sued in their own names or limit financial liability for debts to communal assets.
What is the Haida spectrum?
Context-specific, “spectrum” of duties: “The honour of the Crown gives rise. to different duties in different circumstances.” Haida Nation, para. 37. Duty is proportionate to an assessment of strength of the case to right or title, and to the seriousness of the potentially adverse effect upon the right or title claimed …
What are the aboriginal rights in Canada?
Generic rights are held by all Aboriginal peoples across Canada, and include:
- Rights to the land (Aboriginal title)
- Rights to subsistence resources and activities.
- The right to self-determination and self-government.
- The right to practice one’s own culture and customs including language and religion.
What is the honour of the Crown?
“The government’s duty to consult with Aboriginal peoples and accommodate their interests is grounded in the honour of the Crown. The honour of the Crown is always at stake in its dealings with Aboriginal peoples.
What law shows how the indigenous are controlled?
Unless they have negotiated self-government, most First Nations are currently governed by the Indian Act. They elect chiefs and councils to make decisions on their behalf and pass by-laws in a limited number of areas. First Nations have been living under the Indian Act for over 140 years.
Is First Nations a legal term?
“First Nation” is a term used to describe Aboriginal peoples of Canada who are ethnically neither Métis nor Inuit. This term came into common usage in the 1970s and ’80s and generally replaced the term “Indian,” although unlike “Indian,” the term “First Nation” does not have a legal definition.
What was the case of Delgamuukw v British Columbia?
Delgamuukw v. British Columbia, 1993 CanLII 4516 (BC CA) Delgamuukw v. British Columbia, 1991 CanLII 2372 (BC SC) Delgamuukw v. The Queen, 1987 CanLII 2980 (BC SC)
What was the date of the Delgamuukw case?
Indexed as: Delgamuukw v. British Columbia File No.: 23799. 1997: June 16, 17; 1997: December 11. Present: Lamer C.J. and La Forest, L’Heureux‑Dubé, Sopinka, * Cory, McLachlin and Major JJ.
What is Dickson v Kruger (1977)?
Dickson J. (as he then was) recognized as much when he stated in Kruger v. The Queen, 1977 CanLII 3 (SCC), [1978] 1 S.C.R. 104, at p. 109, that “ [c]laims to aboriginal title are woven with history, legend, politics and moral obligations.”
What was the SCR for Delgamuukw v the Queen?
Delgamuukw v. The Queen, 1987 CanLII 2980 (BC SC) Derrickson v. Derrickson, 1986 CanLII 56 (SCC), [1986] 1 SCR 285 Dick v. La Reine, 1985 CanLII 80 (SCC), [1985] 2 SCR 309