Final: Landmark Cases Flashcards
What four sources do rights to land and self-government come from?
1) Inherent rights
2) The Constitution
3) Statutory law
4) Common law
What are the two main sources of Canadian law?
1) Legislation, such as the Indian Act, and the Constitution Act.
2) Court Decisions.
What were the implications of the Royal Proclamation of 1763?
1) Stated all Native land ultimately belonged to the Crown.
2) Established that the Indigenous population had certain rights to the lands they occupied
3) Initiated the procedure of signing land-surrender treaties.
4) Forms the basis of land claims of Aboriginal peoples in Canada
5) States the only the Crown can extinguish “Indian title”
What was the significance of the St.Catherine’s Milling and Lumber Company vs. the Queen in 1885?
Recognized the existence in law of an Indian interest in the land in question stemming from the Royal Proclamation of 1763.
What was the significance of the Calder Case?
Aboriginal title could exist and Aboriginal rights not dependent on Royal Proclamation but independent and existing prior to colonization. Led to federal willingness to develop a new land claims policy and negotiate land claims.
What was the significance of the Guerin vs. the Queen in 1984?
First to state that the government had fiduciary duty towards First Nations. Set the stage for the federal government’s willingness to begin discussion with Aboriginal people with regard to self-government.
What was the significance of the Hamlet of Baker Lake vs. Minister of Indian affairs of northern development in 1980?
Established criteria needed “to establish Aboriginal title”. The Baker Lake test.
What was the significance of the Sparrow Case of 1990?
“Existing rights” are unextinguished rights affirmed in a contemporary form. First decision by the Supreme Court concerning section 35 of the Constitution Act, 1982. Aboriginal rights, such as fishing, there were in existence in 1982 are protected under the constitution of Canada and cannot be infringed without justification due to the government’s fiduciary duty to the Aboriginal peoples of Canada. Led to a more liberal interpretation of Aboriginal rights in Canada. Aboriginal peoples are to be “consulted” respecting conservation measures.
What was the significance of the Delgamuukw vs. British Columbia in 1997?
It was the first time the court directly addressed the issue of Aboriginal title.
What was the significance of the Marshall case in 1999?
Treaty must be considered in its unique historical and cultural context. Consideration must be given to “oral tests” to determine the meanings of the treaties.
When sentencing an Indigenous offender, what must the court consider?
1) The unique systemic or background factors which have played a part in bringing the offender before the court; and 2) the types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of his or her particular Indigenous heritage or connection.
Explain Gladue Report
The report detailing the circumstances of Aboriginal offenders which is prepared prior to sentencing.
What is the significance of the Beckman vs. Little Salmon/Carmacks First Nation on Nov 19th, 2010?
Confirms government’s duty to consult whenever it contemplates activities that could adversely impact an Aboriginal right to use ceded lands. But this is no different than consulting non-Aboriginal were government activity could adversely impact people’s lives. Renounces a paternalistic approach to relations with Aboriginal peoples.
What was the significance of the Tsilhqot’in Nation vs. British Columbia in 2014?
First time Aboriginal title has been recognized to a First Nation. Where Aboriginal title recognized, economic development will require not only a duty to consult but also the First Nation’s consent. If consent is not received the Crown must demonstrate a compelling and substantial public purpose for proposed activity.
