Supreme Court of Canada –  2 S.C.R. 585British Columbia Aboriginal rightsJurisdiction over IndiansTribunal jurisdiction
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”.
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?
Supreme Court of Canada –  1 S.C.R. 322British Columbia Tribunal jurisdiction
The Supreme Court explains the jurisdiction of the Federal Court, that often considers aboriginal law cases.
Does the Federal Court have jurisdiction over a trespass action brought by the Wewayakum Indian Band against the Wewayakai Indian Band?
Supreme Court of Canada –  1 S.C.R. 3British Columbia Governance (self-determination, self-government)Tribunal jurisdiction
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.
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?