In R. v. Paul, a New Brunswick Provincial Court (Woodstock) determined that an aboriginal right to hunt does not necessarily include the right to build a private hunting cabin on Crown lands.
Author: Peter Vicaire
Ross River Dena Council Provided More Meaningful Interrogatories By Yukon Supreme Court
Ross River Dena Council used Rule 29(7) of the Rules of Court to compel the defendant, the Attorney General of Canada, to provide further answers to its interrogatories of November 17, 2010. The Yukon Territory Supreme Court mandated the Attorney General to answer more fully many of the twenty-six interrogatories at issue. Here’s the decision.
Leave To Intervene Granted In Kwicksutaineuk/Ah-Kwa-Mish First Nation v. British Columbia
The British Columbia Salmon Farmers Association was granted leave to intervene in an appeal from an order certifying a class action involving the Kwicksutaineuk/Ah-Kwa-Mish First Nation. Here’s the decision. Below is an excerpt.
Raid on Listuguj Mi’gmaq First Nation Commemorated in Parliament – 30 Year Anniversary
On Monday, Philip Toone, the NDP Member of Parliament for Gaspésie-Île-de-la-Madeleine made a statement in the House of Commons commemorating the 30th Anniversary of the Listuguj raid.
Mr. Speaker, today is the 30th anniversary of Listuguj raids. On June 11, 1981, armed provincial police officers and fisheries officers raided that Mi’gmaq community, arrested residents and seized their boats in order to prevent them from commercially fishing salmon.
It was 30 years ago today, on June 20, 1981, that the provincial government ordered a second raid, but this time, the residents of Listuguj erected barricades to prevent access to their community. In 1993, the Mi’gmaq government drafted the Listuguj Mi’gmaq First Nation Law on Fisheries and Fishing.
We are celebrating this act of self-government. Today, the Restigouche River is known as one of the best-managed salmon rivers in the country. This demonstrates that it is possible for the Canadian and first nations governments to develop and maintain reciprocal, non-violent relationships that are mutually beneficial.
Quinn v. Dubnyk: Sechelt Indian Band Member Disputes RCMP Authority On Reserve Land
In 2009, Mr. Quinn, an aboriginal from Sechelt Indian Band, was pulled over by two Royal Canadian Mounted Police (RCMP) officers on reserve land owned in fee simple by the Band. They ticketed him for (ironically enough) displaying Canadian flags instead of license plates. He did not have car insurance. Quinn claimed that he would not sign the violation ticket nor would he obtain insurance, because, he claimed, he was operating a “state” vehicle immune from provincial requirements. The RCMP impounded his car and Quinn brought suit, claiming the officers exercised unlawful authority to ticket him and to impound his car. Here’s the case.
If you can’t foresee how this one ultimately played out in court, keep reading. [hint: Quinn loses]
Federal Court of Appeal Denies Remission of First Nation Tax Debt
In Waycobah First Nation v. Canada (Attorney General), the Federal Court of Appeal (Halifax) recently dismissed an appeal concerning the non-payment of taxes by Waycobah First Nation, a small community in Cape Breton Island, Nova Scotia. Relying on an 18th century treaty, Waycobah didn’t collect HST taxes from non-aboriginals when they purchased gas and cigarettes from the reserve-owned gas station. By the time the tax man did cometh, Canada claimed that Waycobah owed $1.3 million, and after an agreed upon repayment schedule was not adhered to, it eventually rose to $3.4 million.
Repeal of Canadian Human Rights Act s. 67 – Good For Individual Aboriginals ~ Very Bad For First Nations
John Duncan, Minister of Aboriginal Affairs and Northern Development, announced on Friday that s. 67 of the Canadian Human Rights Act would be repealed, as of June 18th. This was done to “ensure First Nations people have the same protection of their human rights as other Canadians.” Therefore, as of Saturday, any decisions made or actions taken by band councils and the federal government, made under or pursuant to the Indian Act, will be fully subject to the Canadian Human Rights Act.
Tax Court of Canada: s. 87 Indian Act Tax Exemption – You Win Some, You Lose Some
With the recent glut of denied appeals for aboriginals seeking s. 87 tax exemption, it’s promising to see a case where the court did in fact, provide that shelter.
Thanks to Scott Robertson of Gowlings Ottawa (notwithstanding that I interviewed with Gowlings Ottawa in 2008 and wasn’t offered a job. But I digress…) for pointing out Dugan v. The Queen, 2011 TCC 269, a recent case where the Tax Court of Canada accepted three (of five) appellants’ claims for s. 87 tax protection.
Crooked Aboriginal Police Chief (Anishinabek Police Services) Sentenced To 1 Year For Accepting “Secret Commissions”
Glen Bannon, 57, of Echo Bay, Ontario, pled guilty to breach of trust (s. 122) and accepting bribes (s. 426 (1)(a)(ii)). Bannon received benefits totalling $142, 437.48 in exchange for purchases totalling $2,354,118.35 made to a car dealership (Highland Ford) by way of funds from the Anishinabek Police Service, of which he was the Chief of Police.
Here’s the decision.
Bannon received a year in prison, while David Worth, the owner of Highland Ford, was fined $100,000 ($86,956.52 plus a victim fine surcharge in the amount of $13,043.48).
Between 1999 and 2004, Highland Ford gave the following rewards, advantages or benefits, (goodies!) directly or indirectly, to Glen Bannon:
Nahwegahbow v. R: No Indian Act s. 87(1)(b) Income Tax Exemption For Off-Reserve Aboriginals
A day after the hearings of Baptiste v. R., the Tax Court of Canada heard three more appeals in Nahwegahbow v. R, dealing with similar facts – but mainly that their employer was Native Leasing Services (NLS). Since the court found against the interests of the aboriginal appellant in Baptiste, the writing was on the wall for Mrs. Nahwegahbow and her fellow appellants.
Turtle Talk 
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