Author: Peter Vicaire

Tax Court of Canada Rejects Aboriginal Woman’s Claims To s. 87 Protection From Taxation

Peter Scott Vicaire2 Comments

In Baptise v. R., the Tax Court of Canada rejected Ms. Baptise’s (Pikwakanagan Algonquin First Nation ) arguments that her multi-million dollar work as a liason between her employee bank (Bank of Nova Scotia, by way of NLS, an Aboriginal employment leasing service ) and various First Nations qualified as being protected from taxation,  via s. 87 of the Indian Act.  Relying heavily on Nowegijick v. the Queen, [1983] 1 S.C.R. 29, she claimed that the situs of her employment income was a reserve because the employer’s residence was on a reserve.

The Crown argued that taxing her income did not erode the propertyof those living on a reserve, as discussed in Mitchell v. Peguis Band, [1990] 2 S.C.R. 85.

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Quebec Drug Raid: Association of First Nations Chiefs of Police of Quebec

Peter Scott Vicaire

Here’s the press release, in its entirety:

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Saskatchewan v. Marsland: Man Convicted For Transporting Deer From Alberta to Reserve in Saskatchewan

Peter Scott Vicaire

Saskatchewan (Dir. of Public Prosecutions) v. Marsland is a very interesting case, illuminating the jurisdictional anomalies which can occur in Canada when s. 91(24) of the Constitution Act, 1867, overbroad provincial legislation, and overzealous federal and provincial prosecutors form an unholy union and render impotent, band codes that are in place on reserves. 

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Grand River Enterprises Six Nations Ltd. v. Ontario

Peter Scott Vicaire1 Comment

In a civil procedure matter dealing with a case involving seized cigarettes, an Ontario judge adjourned the case sine die until another matter is adjudicated.  Six Nations only wanted it adjourned until some time in July, while Ontario requested the sine die adjournment.  The judge blamed Six Nations for the manner in which it “has chosen to conduct the litigation.”

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Newfoundland and Labrador Court of Appeal Hears Nunatsiavut Assembly Enrollment Case

Peter Scott Vicaire

Here’s the decision – Best (Guardian ad litem of) v. Nunatsiavut Assembly.  The lower court’s decision, which held that the court did not have jurisdiction to adjudicate plaintiff’s claims, was reversed.

500 Police Raid Quebec Mohawk Communities ~ Kanesatake ~ Oka ~ Akwesasne

Peter Scott Vicaire3 Comments

Here’s the breaking story, as reported by CBC News. 

A major police operation is underway involving 500 police officers in the Mohawk community of Kanesatake, Que., located about 60 kilometres northwest of Montreal.

Both the RCMP and the Sûreté du Québec have officers on the ground, and the target is organized crime and drug trafficking.

Raids are also being done in Akwesasne and Oka, the municipality next to Kanesatake, although it’s unclear how many arrest warrants are being carried out.

Police are expected to release more details during a news conference at SQ headquarters in Oka.

The last major drug raids in Kanesatake were in May 2009, when 13 people were arrested on the Mohawk territory. That operation involving more than 300 police officers was the result of a year-long investigation launched after some Kanesatake residents complained to police.

West Moberly First Nation Added As Third Party In Upcoming Appeal

Peter Scott Vicaire

In Colonial Coal Corp. v. B.C. (Regional Manager), the British Columbia Environmental Appeal Board allowed West Moberly First Nation to be added, in part, as a third party to an appeal by Colonial Coal Corporation.

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U.N.A. v. Aakom-Kiyii Health Services: Alberta Has Jurisdiction Over Labor Relations For Services Rendered On-Reserve, By Aboriginals, For Aboriginals

Peter Scott Vicaire

In U.N.A. v. Aakon-Kiyii (Peigan/Piikani) Health Services, the Alberta Labour Relations Board (ALRB) asked, “[P]ut simply for this decision — does jurisdiction over labour relations in health services on Reserve rest with the Province of Alberta or Canada?”  Great, succinct issue, but what about the First Nations themselves? 

Ultimately, the ALRB determined that the province, not the federal government (or the First Nation for that matter, but then again, that was never the issue…) has jurisdiction over labour relations in health services, even when those services are provided “exclusively on Reserve and almost solely for their respective band members . . . .”  

Both aboriginal respondents argued that the ALRB has no jurisdiction over employee/employer relations between a sovereign Indian band or entities under its control when the relationship is conducted on the reserve. 

This decision follows closely on the Supreme Court’s heels of NIL/TU, O Child and Family Services Society v. B.C. Government and Service Employees’ Union, [2010] S.C.J. No. 45 and CEP v. Native Child and Family Services of Toronto, [2010] S.C.J. No. 46. 

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Updated Supreme Court Stats

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Here’s the updated “report card” after today’s Jicarilla Apache decision.  

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Nlaka’pamux Nation Tribal Council Awarded Costs For 2009 Case

Peter Scott Vicaire

Concerning Nlaka’pamux Nation Tribal Council v. British Columbia (Environmental Assessment Office), [2009] B.C.W.L.D.7980, the tribe was awarded costs.  Here’s the decision.

While the petitioner was not granted all of the relief that it sought on appeal, it did succeed on this primary issue. We are of the view that it was substantially successful on the appeal, and is entitled to its costs.