In R. v. Quipp, the British Columbia Court of Appeal upheld convictions entered in 2008 against members of Cheam First Nation and Union Bar First Nation. The events leading to their convictions occurred in 1999.
Aboriginal Rights
If It Walks Like A Geoduck And Talks Like A Geoduck, It Must Not Be An Aboriginal Right To Harvest Geoducks
In Ahousaht Indian Band v. Canada (Attorney General), the British Columbia Court of Appeal overturned a lower court’s (B.C. Supreme Court) decision which had held that Aboriginals’ right to fish and sell fish extended to “all species of fish within the environs of their territories.” This included “geoducks,” or clams harvested from the ocean floor and which are the largest in British Columbia. But the B.C. Supreme Court saw it differently.
Lax Kw’alaams Indian Band v. Canada (Attorney General): Unanimous Decision Against Lax Kw’alaams?
Back in March, we posted about the Supreme Court’s granting of leave to appeal to the Lax Kw’alaams Indian Band, in regard to their claimed aboriginal fishing rights.
Here’s the materials:
Appellant – Lax Kw’alaams Indian Band Factum
Respondent – Attorney General of Canada Factum
The hearing was held on 2-17-2011 and there’s finally been some time found to watch the oral arguments. If the Indigenous Law & Policy Center was a betting organization, it would predict that a 7-0 decision in favor of Canada will be forthcoming. You heard it here, folks! Below is a quick summary of the hearing.
Da’naxda’xw/Awaetlala First Nation v. British Columbia: Minister of Environment Failed to Fulfill Constitutional Duty To Consult
In Da’naxda’xwAwaetlala First Nation v. British Columbia, the First Nation received judicial review by the B.C. Supreme Court of a decision made by the Minister of Environment, seeking to quash the Minister’s decision on four grounds.
Federal Court of Appeal (Winnipeg) Gives a Good Old Fashioned Slap-down to Judge Finding In Favor of Aboriginal Interests
In Brokenhead First Nation v. Canada (Attorney General), the Federal Court of Appeal, in no uncertain terms, allowed the Crown’s appeal against the respondent, Brokenhead First Nation. The appeal concerned a decision finding that the government of Canada had breached its duty to consult the respondents when it transferred former army barracks land/treaty land situated in Winnipeg, Manitoba, to Canada Lands Company, a non-agent Crown corporation.
Supreme Court of Canada Discusses Crown’s Fiduciary Duty to First Nations
In yesterday’s Alberta v. Elder Advocates of Alberta Society, a Supreme Court case concerning the provinces’ fiduciary responsibility for the cost of medical care in nursing homes, the Court discussed at length, the Crown’s fiduciary duty in the context of Aboriginal law. Below are some excerpts (citations removed).
Clayton v. Lower Nicola Indian Band: Former Chief May Be Liable For $100,000 Indemnification & Damages
On his last day as Chief, and acting on behalf of the band, Don Moses agreed to settle a wrongful dismissal and defamation suit brought against the Lower Nicola Indian Band (LNIB) by Veronica Clayton, a former employee. However, the council was sharply divided and when Moses convened a meeting to pass a resolution to settle with Clayton, five (of seven) councillors did not attend. Moses then unilaterally reduced the required quorum from five to three. The case is here.
Cameron v. Albrich: Inherent Aboriginal Sovereignty Or In[co]herent Aboriginal Sovereignty?
In Cameron v. Albrich, Ray Cameron, of the Ashcroft Indian Band, contested in the British Columbia Supreme Court, the band membership of 74 individuals (of a 250 member band). He claimed that they had not been properly added to the band list. The Chief, Greg Blain, was one of those 74 defendants. Ultimately the judge dismissed the action, with costs, holding that Cameron did not have standing.
Apart from one plaintiff contesting the membership of nearly a third of his band, this case is also interesting because it serves as an illuminating contrast to Indian law in the United States.
Bordeau Santore (Estate) v. Bordeau: This Land Is Your Land, This Land Is My Land. From Kahnawake Reserve, To The New York Island
For an interesting look at the effects that s. 12(1)(b) of the Indian Act (women lost Indian status after marrying non-Indian) is still having on aboriginals in Canada, even after being repealed in 1985, here’s Bordeau Santore (Estate) v. Bordeau.
Supreme Court of Canada Grants Leave To Appeal To Manitoba Métis Federation
This should be interesting (at least for those so inclined Canadians) to watch down the road. The Manitoba Métis Federation is appealing a Manitoba Court of Appeal decision handed down on July 7, 2010. Below is an excerpt from that decision. And here is the leave to appeal. (note: this leave to appeal is dated February 10, 2011 and unfortunately slipped through, unnoticed, until now).
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