- Worcester v Georgia, supra; cited in Thomas R Berger, Village Journey, 1985, p 123.
- Native Rights in Canada, Cumming and Mickenberg (eds) (2d Ed) 1972, p 18.
- Constitution Act 1867, s 91(24).
- R Fumoleau, As Long As This Land Shall Last, McLelland and Stewart, (1973).
- Ovide Mercredi, National Chief of the Assembly of First Nations, before the Multilateral Meeting on the Constitution, 26 May 1992.
- R v Sparrow [1990] 1 SCR 1075 at 1103–4.
- Calder v Attorney General of British Columbia [1973] SCR 313.
- The Dene/Métis negotiations were delayed until the late 1970s when Justice Thomas R Berger had completed his Report on the impact of the proposed Mackenzie Valley Pipeline.
- The settlement of specific claims through an Indian Claims Commission had been studied for many years after it was first recommended by a Joint Committee of the Senate of the House of Commons in 1948.
- Aboriginal Peoples and the Law, Bradford Morse (Ed), 1985, Carleton University Press, Ottawa at 668.
- Berger, Village Journey, supra, p 45.
- Ibid, p 47.
- For example, The Queen v Sikyea [1964] SCR 692 where the Court held that the Migratory Birds Convention Act and regulations could abrogate a treaty right to hunt.
- Sparrow, supra at 1113.
- Nowegijick v The Queen [1983] 1 SCR 29, 36.
- Mitchell v Peguis Indian Band [1990] 2 SCR 85, 142–3.
- There are many cases which refer to this guiding principle. For example R v Taylor and Williams (1981) 34 OR (2d) 360 (Ont CA); New Zealand Maori Council v Attorney General [1987] 1 NZLR 641, 664 (NZCA); Sparrow, supra at 1107.
- Mitchell, supra at 143.
- Attorney General of Quebec v Eastmain Band 1993] 3 CNLR 55, 61–63 (Federal Court of Appeal).
- Guerin v The Queen [1984] 2 SCR 335.
- Guerin, supra at 349.
- Guerin, supra at 376.
- Sparrow, supra at 1108.
- Per Wilson J in Frame v Smith [1987] 2 SCR 99, 136 (custodial parent). See also: Lac Minerals Ltd v International Corona Resources Ltd [1989] 2 SCR 574 (mining claim, duty of confidentiality); KM v HM [1992] SCR 6 (parent and child).
- Kruger v The Queen [1986] 1 FC 3,17 (Fed CA).
- Apsassin v The Queen, Federal Court of Appeal, 9 February 1993, now on appeal to the Supreme Court of Canada; Grand Council of the Crees (of Quebec) v The Attorney General of Canada. The Attorney General of Quebec, Hydro Quebec and the National Energy Board, Supreme Court of Canada, 24 February 1994 (unreported); Farm Credit Corporation v Pipe (1993) 16 OR (3d) 49 (Ont CA).
- Attorney General of Quebec v Eastmain Band, supra at p 63. This case is also under appeal.
- Immediately after Calder was decided in 1974, the Court of Appeal for Quebec in La Société de Developpement de la Baie James v Chief Robert Kanatewat [1975] CA 166 held that it was so doubtful that Indian title existed in Northern Quebec that an interlocutory injunction could not be granted.
- Kruger v The Queen [1978] 1 SCR 104, 109.
- Delgamuukw v The Queen [1993] 5 WWR 97 at p 156, leave to appeal to the Supreme Court of Canada granted 10 March 1994; Sparrow v The Queen, supra 47.
- Delgamuukw, supra at 157.
- See Canadian Pacific Limited v Paul [1988] 2 SCR 654, 679.
- Delgamuukw, supra at 166.
- Delgamuukw, supra at 165 citing R v Bartleman (1984) 12 DLR (4th) 73 (BCCA). See also R v Adams [1993] 3 CNLR 98, 134–135 where the point is discussed by the Quebec Court of Appeal.
- In Delgamuukw, supra the British Columbia Court of Appeal (3-2) held that there was no such right in that case.
- Simon v The Queen [1985] SCR 387; Bear Island Foundation v Ontario [1991] 2 SCR 570.
- The Hamlet of Baker Lake v Minster of Indian Affairs and Northern Development [1980] 1 FC 518.
Journal of Energy & Natural Resources Law
Volume 12, 1994 - Issue 4