Attorney General of Canada v Lavell; Isaac v. Bédard,  S.C.R. 1349 - decision holding that Section 12(1)(b) of the Indian Act did not violate the respondents' right to "equality before the law" under Section 1 (b) of the Canadian Bill of Rights
R. v Badger,  1 S.C.R. 771 - case set out a number of principles regarding the interpretation of treaties between the Crown and Aboriginal people of Canada
Calder v British Columbia (Attorney General)  S.C.R. 313 - the first time that Canadian law acknowledged that aboriginal title to land existed prior to the colonization of the continent and was not merely derived from statutory law
Chippewas of Sarnia Band v. Canada (Attorney General), 195 D.L.R. (4th) 135 - first time the Aboriginal group was claiming ownership of privately held land
Delgamuukw v British Columbia  3 S.C.R. 1010 - the most definitive statement on the nature of aboriginal title in Canada
Kruger and al. v The Queen,  1 S.C.R. 104 - decision on the relationship between the Indian Act and provincial game laws
R. v Marshall; R. v. Bernard 2005 SCC 43 - the Court narrowed the test for determining the extent of constitutional protection upon aboriginal practices
Mitchell v Minister of National Revenue,  1 S.C.R. 911 - decision on aboriginal rights under s. 35(1) of the Constitution Act, 1982
Native Women's Association of Canada v Canada,  3 S.C.R. 627 - the Court decides against the claim that the government of Canada has an obligation to financially support an interest group in constitutional negotiations, to allow the group to speak for its peopl.
Paul v British Columbia, 2003 SCC 55 - a provincial administrative actor granted the power to determine questions of law may adjudicate matters within federal legislative competence, including s. 35 aboriginal rights matters
Re: Paulette  6 W.W.R. 97 - a decision by Justice William G. Morrow in a land claim, known as Paulette Caveat, allowing the caveat on the basis on aboriginal rights
R. v Drybones,  S.C.R. 282 - a decision holding that a section of the Indian Act is inoperative because it violates the Canadian Bill of Rights
R. v. Gladstone,  2 S.C.R. 723 - modification of the Sparrow test to give more deference to the government in protecting commercial fishing rights
Guerin v. The Queen  2 S.C.R. 335 - the government has a fiduciary duty towards the First Nations of Canada and establishes aboriginal title to be a sui generis right.
R. v. Pamajewon,  2 S.C.R. 821 - the right to self-government is subject to reasonable limitations and excludes the right to control gambling
R. v. Sparrow,  1 S.C.R. 1075 - aboriginal rights that were in existence in 1982 are protected under the Constitution of Canada and cannot be infringed without justification on account of the government's fiduciary duty to the Aboriginal peoples of Canada
Re Eskimos  S.C.R. 104 - a decision that for the purposes of section 91(24), Inuit should be considered Indians
St. Catherine's Milling and Lumber Co. v. The Queen (1888) 14 App. Cas. 46 (J.C.P.C.) - please scroll down - this decision starts in the left lower corner of the page and it rules a decision that aboriginal title over land was allowed only at the crown's pleasure, and could be taken away at any time
R. v. Van der Peet,  2 S.C.R. 507 - aboriginal fishing rights did not extend to commercial selling of fish, established the Van der Peet test for determining if an aboriginal right exists
To find relevant case law on a specific topic within Aboriginal law, you may want to check the following sources:
University of Toronto Libraries
130 St. George St.,Toronto, ON, M5S 1A5
About web accessibility. Tell us about a web accessibility problem.
About online privacy and data collection.
© University of Toronto. All rights reserved. Terms and conditions.