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Aboriginal rights Aboriginal title Abuse of process Application of laws to Aboriginals Canadian Charter of Rights and Freedoms Consultation Criminal law Discrimination Divorce Doctrine of discovery Environmental assessment Family law Fiduciary duty Funding Governance (self-determination, self-government) Honour of the Crown Identity Indian Act Indianness International law Jurisdiction over Indians Lands reserved for Indians Métis Negociation Property Residential school Seigniorial law Seizure Status Succession Surrender Taxation Third Party Trade Traditional territory Treaties Tribunal jurisdiction
McDiarmid Lumber Ltd. v. God’s Lake First Nation

Supreme Court of Canada – [2006] 2 S.C.R. 846

Manitoba FundingIndian ActSeizure

Summary

The Court gives a strict meaning to the exemptions from seizure and garnishment contained in the Indian Act. The funds of a Comprehensive Funding Arrangement, by which the federal finances the Band, are not exempted.

Issue

Are the funds from a CFA between an Indian band and the federal government deemed situated on a reserve, thus exempting them from seizure under sections 89 and 90 of the Indian Act?

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British Columbia (Minister of Forests) v. Okanagan Indian Band

Supreme Court of Canada – [2003] 3 S.C.R. 371

British Columbia Funding

Summary

In this case, the Court considers the financing of Aboriginal law cases, often very expensive. It recognizes that there are situations where it is in the public interest that the government finances the trial.

Issue

What conditions must be fulfilled for the courts to exercise their inherent jurisdiction to award interim costs when dealing in Aboriginal law?

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