Worcester v. State of Georgia

U.S. Supreme Court -- 31 U.S. 530 (1832)

Summary

This American decision had been used by the Supreme Court of Canada since the very beginning of the development of Canadian Aboriginal law. It is one of the famous decisions rendered by the “Marshall court”.

Historically, Indians were considered as nations by Great Britain. A European nation acquired title to Indian lands only if the occupants decided to cede them.

Issue

Are Georgia’s laws in effect on Cherokee territory?

Calder et al. v. Attorney-General of British Columbia

Supreme Court of Canada – [1973] S.C.R. 313

Summary

The Calder case is certainly one of the Supreme Court decisions that had the most impact on Aboriginal rights as well as on public policy. Il recognized the possible existence of aboriginal titles in Canada.

In addition, Calder encouraged the federal government to undertake negotiations with Aboriginal communities regardless of the vagueness and uncertainties left by the Supreme Court. The government decided to obtain the cession of the titles in order “to restore the integrity of the state as ‘Self’” (Slowey, 2000).

Issue

Does the Nishga Indian Tribe hold an Aboriginal title to their traditional territory or has this title been lawfully extinguished over the course of time?

Johnson & Graham’s Lessees v. M’Intosh

US Supreme Court – 21 U.S. (8 Wheat.) 543 (1823)

Summary

The decisions rendered by the “Marshall court”, including this one, marked the starting point for a judicial discussion about Aboriginals.

According to the doctrine of discovery, which binds the Aboriginals, the discoverer holds a title to the lands and an exclusive right to acquire Indian lands.

Issue

Does an Indian nation have the capacity to cede parcels of the land they occupied to private individuals?

Cherokee Nation v. Georgia

Supreme Court of the United States – 30 U.S. 1 (1831)

Summary

The Cherokee Nation is subject to the laws of the State of Georgia.

There is no doubt that the Cherokee Nation constitutes a distinct political society. However, the Cherokee Nation cannot be considered “foreign” for the purposes of the US Constitution. As such, it cannot go before the Supreme Court to prevent the State of Georgia from implementing its laws.

Issue

1. Does the Supreme Court of the U.S. have jurisdiction to hear this case?
2. If yes, can the state of Georgia be legally restrained from applying its laws on Cherokee territory?