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Roberts v. R, 2010 TCC 52

In Aboriginal Rights/Defences, Fish Cases, Taxation on (Updated )

This case involved a status member of the Kitsumkalum First Nation who lived on a reserve near Port Essington approximately 70 miles from Prince Rupert, British Columbia. After being assessed income tax on fishing income earned while fishing outside his reserve, but in his traditional fishing territory the FN Fisher appealed his assessment to the Tax Court of Canada. In …

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R v. Cardinal, 2010 ABQB 673

In Aboriginal Rights/Defences, Fish Cases on (Updated )

In this case, the trial court rejected a long list of defences based upon the inter-relationship between Treaty 6 rights and the Natural Resources Transfer Agreement ("NRTA"). With respect to the interjurisdictional immunity doctrine, the court concluded that since the Provincial hunting and fishing laws could not go the the "core of Indianness" because their Treaty right to sell fish …

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Shubenacadie Indian Band v. Canada (Minister of Fisheries and Oceans), CanLII 16088

In Aboriginal Rights/Defences, Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on (Updated )

This case involved a Nova Scotia Indian Band which was relying upon the two R v. Marshall decisions (digested herein) in support of an application for an interlocutory injunction to enjoin D.F.O. from taking enforcement measures to prevent its members from participating in a Band regulated lobster fishery. The two main issues in the case were: (1)Whether the relief claimed …

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Nunavut Territory (Attorney General) v. Canada, 2005 FC 342

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved the challenge of a decision of the Minister of Fisheries involving the allocation of the benefit of a 29 per cent increase in the total allowable catch of shrimp. This 29 per cent increase amounted to 2,127 additional tons of catch. of that 2,127 tons, all but 940 tons were allocated to Nunavut or Nunavut related interests. …

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Ahousaht First Nation v. Canada, 2007 FC 567

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved an application by group of First Nations for judicial review of a decision of the Minister of Fisheries to implement a three year pilot plan for individual transferable fishing quotas in the for rockfish, lingcod and dogfish. It was alleged by the First Nations that the Minister had failed to satisfy its duty to consult before implementing …

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