Smith v. The Queen

Supreme Court of Canada – [1983] 1 S.C.R. 554

New Brunswick Jurisdiction over IndiansLands reserved for IndiansProperty

Summary

The Supreme Court applies St. Catherine’s Milling and confirms that the surrender of lands reserved for Indians extinguishes federal jurisdiction. The federal government has jurisdiction over reserved lands until they are surrendered.

Issue

Does the 1895 surrender of reserve lands by the Indians to the Crown prevent the application of s. 91(24) of the Constitution Act, 1867, and repeal the rights of the Indians?


Read More
R. v. Sappier; R. v. Gray

Supreme Court of Canada – [2006] 2 S.C.R. 686

New Brunswick Aboriginal rightsTrade

Summary

This case was delivered a few days before Morris. It clarifies the criteria of the “distinctive culture” established in Van der Peet in order to recognize the existence of an aboriginal right. The traditional activity must not be unique or exclusive, but rather must be an integral part of the distinctive culture.

To understand what this culture represents, one must study the way of life of an aboriginal community before contact with the Europeans, “including their means of survival, their socialization methods, their legal systems, and, potentially, their trading habits.” (par. 45 of the decision).

Issue

Do the respondents have an Aboriginal right or a treaty right to harvest wood from Crown lands for their personal use?


Read More
R. v. Marshall; R. v. Bernard

Supreme Court of Canada – [2005] 2 S.C.R. 220

New BrunswickNova Scotia Aboriginal titleTradeTreaties

Summary

After their fishing rights were confirmed in the Marshall decisions, the Mi’kmaq tried to have their right to harvest lumber for commercial purposes recognized as well. The Supreme Court, however opened to the evolution of trading rights, did not accept their argument.

Issue

  1. Was lumber harvesting part of the Mi’kmaq’s traditional activities at the time of the signing of the treaty?
  2. If so, is modern forest harvesting part of the logical evolution of this practice?
  3. Also, can the Mi’kmaq claim an Aboriginal title over the Crown lands on which they harvested timber?


Read More
Union of New Brunswick Indians v. New Brunswick (Minister of Finance)

Supreme Court of Canada – [1998] 1 S.C.R. 1161

New Brunswick Indian ActTaxation

Summary

This case specifies which goods bought and consumed by Indians are subject to sales tax. The main criterion in order to establish whether the good is “on reserve” and therefore can be exempt is that of the selling point, and not that of use.

Issue

Is New Brunswick’s Social Services and Education Tax Act rendered inoperative by section 87 of the Indian Act since it imposes a sales tax on goods bought off-reserve by status Indians living on a reserve?


Read More
R. v. Francis

Supreme Court of Canada – [1988] 1 S.C.R. 1025

New Brunswick Application of laws to AboriginalsIndian Act

Summary

This case maintains the rejection of the enclave theory developed in Cardinal. A provincial legislation of general application must apply on reserve in absence of a federal legislation to the contrary.

It specifies that a provincial and a federal legislation dedicated to the same thing can apply simultaneously.

Issue

Can the New Brunswick Motor Vehicle Act be applied on a reserve, and is it in conflict with the Indian Reserve Traffic Regulations?


Read More
aller vers le haut