Canadian Constutional Law Supreme Court Reports Essay

Canadian Constutional Law (Supreme Court Reports) Essay, Research Paper

In a society that is governed by laws no one person can be expected toknow them all and how to interpret them. In Canada we have a group of judgesthat sit on a bench that interpret the laws and rule on cases. This groups ofjudges is called the Supreme Court of Canada. This essay will deal with fourcases that this body of government decided to have the final ruling on. The firstcase is Her Majesty The Queen versus John Sundown. The second case isBlueberry River Indian Band versus Canada (Department of Indian Affairs). These two cases are about the same topic that is dealt with many times overagain in our society and that is land rights. The next two cases that we will dealwith are Canadian Pacific Ltd. versus Matsqui Indian Band and Union of NewBrunswick Indians versus New Brunswick (Minister of Finance). These nexttwo cases deal with taxation and the Natives right to either be taxed or to tax. John Sundown is a member of a Cree First Nation that is part of the treatyreferred to as treat number six. John cut down some trees in a provincial parkand used them to build a log cabin. This goes against the provincial parksregulations that prohibit the construction of a temporary or permanent dwellingon park land without permission. One of the entitlements of treaty six gives themember the right to hunt for food on land that is occupied by the provincialcrown this includes the provincial parks. John testified that he needed the cabinwhile hunting, both for shelter and as a place to smoke fish and meat and to skinpelts. Evidence at the trial was provided that stated that it was a long time bandpractice to conduct expeditionary hunts in an area now included within thepark. In order to carry out this hunting practice shelters were built at the huntingsites. The shelters were originally moss covered lean-tos and latter tents and logcabins were used. In 1930, the Natural resources transfer agreement between theprovince of Saskatchewan and the federal government modified treaty six to huntcommercially but expanding the geographic areas in which Indians have thetreaty right to hunt for food. John was convicted of building a permanentstructure on provincial park without permission. The summary conviction appealcourt quashed the appeal. The court of appeal agreed with their decision. Whichthen meant that the casse was sent to the Supreme Court of Canada which herdall the evidence and found that the appeal should be dismissed. The reasons forthis decision are stated as. A hunting cabin is a reasonable use for the FirstNations right to hunt in their traditional style. This use of the cabin is traditionalto the First Nations style of hunting. The small log cabin is an appropriate shelterfor expeditionary hunting in today s society. By building a permanent structurelike the log cabin, John was not asserting a property interest in park land. Treatyrights, like aboriginal rights, must not be interpreted as if they were common lawproperty rights. Any interest in the hunting cabin is a collective right that isderived from the treaty and the traditional expeditionary method of hunting. Thiscabin belongs to the band as a whole group not just to the one member, JohnSundown, or any other individual that is part of the band. There are alsolimitations on permanency implied within the right itself. Provincial legislationthat relates to conservation and that passes the justificatory standard that is dealtwith in the sparrow case which could validly restrict the building of the huntingcabin. Also there must be compatibility between the crowns use of the land andthe treaty right claimed. The third limitation on the treaty right to hunt is found inthe term of the treaty that restricts the right to hunt on lands that are not requiredor taken up for settlement . Neither the second or the third limitations apply tothe Sundown case. With the realisation that the Crown is not arguing on thegrounds of conservation, the issue of weather they can be justified under thesparrow test is not to be considered for this appeal. Under s. 88 of the IndianAct, all provincial laws of general application apply to Indians subject to theterms of any treaty. Since the regulations in issue would conflict with treat six,which permits the respondent to build a cabin as an activity reasonably incidentalto his right to hunt, they are beside the point to him under s. 88. Some factual information on John Sundown. He is a member of theJoseph Bighead First Nation which is a member of the group that signed treatynumber six. In 1992 Mr Sundown cut down 25 mature white spruce trees inMeadow Lake Provincial Park. He built his log cabin with these trees and it wasapproximately thirty feet by forty feet. He broke Parks regulations number sixwhich states that you are prohibited from both the construction of a temporary orpermanent dwelling on park land without permission. The next case deals with the surrendering of land from a First Nation to thegovernment. In 1916 the Beaver Band of Indians entered into a treaty with theCrown. In exchange for surrendering aboriginal title, the Band was given aparcel of land in British Columbia. The Band was nomadic, subsisting throughtrapping and hunting. The reserve was used as its site for its summercampground. In the winter, the band trapped further north. In 1940, the bandsurrendered the mineral rights on its reserve to the Crown, in trust