Supreme Court of Canada –  1 S.C.R. 372Alberta Fiduciary dutyIdentityTreaties
The Court did not decide the case on its merits since it judged that it was statute barred. The Court noted that the Aboriginals could have filed their application in the 1970s, and because they had failed to do so, it was now too late.
It was not well received by Aboriginal people, since in the 1970s a lot of them thought (or were told) they had no case because the law was not as evolved as it is today.
Did the Crown breach its fiduciary duty by omitting to clearly inform the Band members of the consequences of “taking script” and pressuring the leadership to surrender their tract of lands, and did it breach its treaty obligations by not giving the full 48 square miles to the Band and by not distributing a sufficient amount of food?
Supreme Court of Canada –  2 S.C.R. 670Alberta Canadian Charter of Rights and FreedomsGovernance (self-determination, self-government)IdentityMétis
The Court determined that Métis could be refused rights guaranteed by the Metis Settlement Act upon registering as status Indians.
This treatment could be considered a violation to the right to equality guaranteed by the Canadian Charter of Rights and Freedoms, as it creates a distinction between Métis with Indian status and those without, but it comes from an ameliorative program with the goal of enriching the culture, identity and autonomy of the Métis.
Do the Métis Settlements Act violate the Charter? If yes, is this violation a reasonable limit imposed by a rule of law that is justified in a free and democratic society?
Supreme Court of Canada –  S.C.R. 104 – “Re Eskimo”Quebec IdentityJurisdiction over Indians
This decision confirmed that the Inuit are considered as “Indians” within the meaning of the Constitution and therefore fall under federal jurisdiction.
Does the term “Indians” in sect. 91 (24) of the British North America Act include the Inuit living in Northern Quebec?
Martin v. Chapman Supreme Court of Canada –  1 S.C.R. 365Quebec IdentityIndian Act
This case determined that an illegitimate male child of an Indian man can meet the criteria set out in the Indian Act in order to be registered.
Is John Martin eligible for registration as an Indian under the Indian Act?