R. v. Sundown

Supreme Court of Canada – [1999] 1 S.C.R. 393

Saskatchewan

Summary

The Sundown case confirms that Aboriginals have the right to build shelters, even permanent ones, on public land so long as these constructions are incidental to the exercise of their aboriginal rights. Since the right to build these shelters is collective, a single member could not forbid access to its shelter to other members.

Issue

Is the building of a shelter considered an incidental practice of Sundown’s treaty right to hunt for food?


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Frank v. The Queen

Supreme Court of Canada – [1978] 1 S.C.R. 95

Saskatchewan Aboriginal rightsTreaties

Summary

This case lies on the interpretation of the Alberta Natural Resources Transfer Agreement.

The Supreme Court considers that the Agreement exempts all Indians hunting for food in Alberta, and not only those who live there, from complying with the Wildlife Act.

Issue

Are Aboriginal hunting rights confined to the province of residency?


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Moosehunter v. The Queen

Moosehunter v. The Queen Supreme Court of Canada – [1981] 1 S.C.R. 282

Saskatchewan Application of laws to AboriginalsJurisdiction over IndiansTreaties

Summary

This case determined that with their numbered treaty, Aboriginal peoples had a “right to access” to certain Crown lands. If they have a right to access, they also have the right to hunt for food there without limitation by provincial laws.

The Natural Resources Agreement is  a consolidation and unification of Treaty 6 rights.

Issue

Is the Cookson Wildlife Management Unit occupied land to which Indians have a right of access within the meaning of the Natural Resources Agreement?


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R. v. Horse

Supreme Court of Canada – [1988] 1 S.C.R. 187

Saskatchewan Aboriginal rightsApplication of laws to AboriginalsTreaties

Summary

This case concerns the application of laws to Aboriginals when they exercise aboriginal rights to hunt, protected by treaty, on private lands.

The Court accepted to interpret the historic treaty in light of external, historical evidence, but nonetheless refused to recognize that these rights applied to private lands.

Issue

Do Indians have a right to hunt on private property in Saskatchewan?


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