Paul v. British Columbia (Forest Appeals Commission)

Supreme Court of Canada – [2003] 2 S.C.R. 585

British Columbia Aboriginal rightsJurisdiction over IndiansTribunal jurisdiction

Summary

This case concerns the jurisdiction of an administrative tribunal over constitutional issues. The Supreme Court considers that the province could authorize the Commission to hear a defense based on aboriginal rights – to do so did not touch “the core of Indianness”.

Issue

Did the Commission have jurisdiction to consider Paul’s defense that he had an Aboriginal right to cut lumber in order to make improvements on his house?


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Roberts v. Canada

Supreme Court of Canada – [1989] 1 S.C.R. 322

British Columbia Tribunal jurisdiction

Summary

The Supreme Court explains the jurisdiction of the Federal Court, that often considers aboriginal law cases.

Issue

Does the Federal Court have jurisdiction over a trespass action brought by the Wewayakum Indian Band against the Wewayakai Indian Band?


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Canadian Pacific Ltd. v. Matsqui Indian Band

Supreme Court of Canada – [1995] 1 S.C.R. 3

British Columbia Governance (self-determination, self-government)Tribunal jurisdiction

Summary

In this decision, the Supreme Court recognizes that Aboriginal peoples’ tribunals must be respected, since they are part of an empowerment process. However, rules about the independence of the Courts must apply.

Issue

Could CP and Unitel bypass the internal appeal process by bringing before the Federal Court a motion for a judicial review of the tax assessments they had received?


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