Landmark decisions

The following chronology is not exhaustive. It presents some of the decisions that have entailed significant amendments to constitutional law on Indigenous nations in Québec and Canada from the standpoint of ancestral and treaty rights in particular or the duty to consult and accommodate Indigenous peoples.

Calder

Indigenous title–land claims – Nishga people – Claim to title – Extinguishment of title – Prior to the Constitution Act, 1982, section 35

Malouf

Suspension of work – James Bay – Cree people – Inuit people – Hydroelectric site – Interlocutory injunction – Hunting – Fishing – Trapping

Sparrow

Indigenous rights – Fishing rights – Musqueam band – Net length restriction – Priority – Justification of infringement of rights 

Sioui

Treaty rights – Murray treaty of 1760 – Wendat nation – Regulation respecting the Parc de la Jacques-Cartier – Customs and religious rites

Adams

Ancestral rights – Fishing without a licence – Mohawks – Ancestral rights and land claims – Quebec Fishery Regulations

Côté

Ancestral rights – Teaching of traditional fishing methods – Algonquins – Fishing without a licence – Indigenous right existing independently of a claim of indigenous title

Delgamuukw

Ancestral rights – Indigenous land title – Land claim – Content of indigenous title – Proof required to establish indigenous title – Claim for right of self‑government – Delgamuukw, Haaxw, Gitksan and Wet’suwet’en

Marshall

Treaty rights – Fishing rights – Micmacs – Violations of federal fishery regulations – Sale of fish – Treaties of 1760 and 1761

Powley

Ancestral rights – Metis – Sault-Sainte-Marie – Hunting for food – Determination of a Métis community – Justification of infringement of rights

Haida

Haida Nation – Honour of the Crown – Duty to consult and accommodate – Decision that might adversely affect as yet unproven Indigenous rights and title claims

Taku River

Taku River Tlinglit First Nation – Duty to consult and accommodate – Decision that might adversely affect as yet unproven Indigenous rights and title claims – Adequacy of consultation and accommodation measures

Marshall, Bernard

Treaty rights – Logging – Micmacs – Treaty right to cut and remove timber from Crown lands

Mikisew

Treaty rights – Duty to consult and accommodate Indigenous peoples – Mikisew Cree First Nation – Honour of the Crown

Moses

Environmental law – Environmental assessment – Cree – James Bay – Agreement concerning James Bay and Northern Québec – Mining project

Little Salmon/Carmacks

Little Salmon Carmacks First Nation – Land claims agreement – Transfer of land – Duty to consult and accommodate

Lax Kw’alaams

Lax Kw’alaams First Nation – Ancestral rights – Fishing – Nature of “pre‑contact practice” – Evolution of practice – Commercial fishing

Tsilhqot’

Ancestral title – Tsilhqot’in Nation – Land claims – Test for establishing Indigenous title – Restrictions and rights attached to ancestral title

Grassy Narrows

Treaty rights – Harvesting rights – Ojibway – Taking‑up clause – Federal approval

Daniels

Métis – Non-status Indians – Constitution Act, 1867, section 91(24) – Definition of term Métis

Chippewas

Ancestral rights – Treaty rights – Duty to consult – Decision by independent federal regulatory agency that could impact Indigenous or treaty rights – National Energy Board – Chippewas – Enbridge pipelines – Role of the Crown – Scope of duty to consult

Clyde River

Treaty rights – Inuit – Duty to consult – National Energy Board – Consultation process – Offshore seismic testing related to oil and gas resources