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.
Indian Act
Obonsawin v. R.: Assessed For Failure To Collect Tax Does Not Equate To Being Taxed
In Obonsawin v. R., a case in the Federal Court of Appeal, Roger Obonsawin was appealing a decision of the Tax Court of Canada, which dimissed, with costs, his appeal against the Minister of National Revenue.
Obonsawin was a supplier of goods and argued that he was not obligated to collect and remit the GST owed by his clients on the supplies he provided to them. He claimed that, pursuant to section 87 of the Indian Act, he was exempt from taxation and the GST assessments against him amounted to a tax on his property situated on a reserve or a tax on him in respect of that property.
“Indigenous Title” vs. “Aboriginal Title” – Louison v. Ochapowace Indian Band #71
In Louison v. Ochapowace Indian Band #71 , William Louison tried to sue the Ochapowace Indian Band #71, its corporation (312050 Saskatchewan Ltd.) and the province of Saskatchewan – not only in his personal capacity but also “in a representative capacity on behalf of all Indigenous Peoples of Saskatchewan.”
Mr. Louison was living on a certain tract of land which the Ochapowace Band held the only legally recognizable right to and which it was attempting to remove him from. Louison claimed that he was a “North American Indigenous Person” and that the subject lands were settled by his ancestors. He also claimed that the land in question was traditional “Indigenous Peoples lands” and that he had the right to use the land by way of Indigenous Title. Therefore, he refused to give up possession of the land.
Anishinaabek Leader on the Canadian Indian Act
From the North Bay Nugget:
Message from Grand Council Chief John Beaucage–
Prior to contact, the Anishinaabe lived in peace and harmony with each other, living off the bounty of our Mother Earth. We acknowledged each other- our distinct bands and traditional territories. We respected our boundaries — not borders — out of respect for our neighbours. We harvested only what was needed, always mindful of sacred law and ensuring our food sources — the plants, animals, birds and fish — would remain abundant for seven generations into the future.
We governed ourselves according to that same sacred law. The Creator gave us the Clan System as a means to govern our day-to-day affairs, set priorities, and look after the needs of the community as a whole.
Turtle Talk 