Aboriginal self-government in Canada

April 3, 2009 7:44 AM

I need Canadian Supreme Court cases involving aboriginal self-government.

Doing some (non-homework) research, I can't find any good cases regarding Aboriginal claims to self-government in the courts. I've already seen:

Calder et al v. Attorney General of B.C. (the Nisga'a case)
R. v. Pamajewon
Delgamuukw v. British Columbia

and I already know of:

Cambell et al v. AG/BC (stayed in the B.C. courts)
Haida Nation v. British Columbia

What am I missing? Preferably Supreme Court cases, but if there's a good one in a provincial Supreme I'd be grateful.

Thanks!

(no treaties etc, it has to be court cases)

posted by Lemurrhea to law & government (7 comments total)

I assume you know how to search canlii.org?
posted by saucysault at 7:50 AM on April 3

Yes, although thanks.
I should probably clarify: I'm looking for cases that have had a major impact: like Delgamuukw did a lot of the heavy lifting towards making oral histories admissible in court, or how Calder helped to start treaty negotiations

Cases that have had an impact on either future court proceedings or on the Crown's actions.
posted by Lemurrhea at 7:55 AM on April 3

I don't know if one is available RE: aboriginal self-government, but it sounds like you need a treatise.

Do you have access to a law or college/university library? The Canadian Abridgment could very likely be helpful here.
posted by ryanshepard at 8:40 AM on April 3

R. v. Sundown (SCC) at http://csc.lexum.umontreal.ca/en/2005/2005scc69/2005scc69.html
Not exactly Aboriginal Self Government but great application of treaty rights upheld.

Mikisew Cree First Nation v. Canada (SCC) at
http://csc.lexum.umontreal.ca/en/2005/2005scc69/2005scc69.html - re duty to consult
posted by Minos888 at 8:45 AM on April 3

These should be helpful.

Borrows and Rotman's Aboriginal Legal Issues: Cases, Materials and Commentary looks especially promising - the Okanagan Regional Library owns several copies.
posted by ryanshepard at 8:55 AM on April 3

I have only superficial knowledge of such a complicated (but facinating!) area of Canadian law but another spot to look may be the court cases National Aboriginal Document Database considers important. There are a lot of older cases there but unfortunately no abstracts so you have to look at each case individually. The Congress of Aboriginal People has also cherry-picked some cases too, especially as they relate to off-reserve First Nations people.
posted by saucysault at 8:57 AM on April 3

You may also contact the Assembly of First Nations for some information; they are a national FN organization that have policy people dedicated specifically to self-government who may be able to provide you with additional information or case citations.
posted by liquado at 11:15 PM on April 3