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SCC Decision: April 3, 2008

Submitted by Andrew Pilliar on Thu, 2008-04-03 08:15

Canada (Attorney General) v. Lameman, 2008 SCC 14
Click here to link to the full judgment.
(Limitation of actions / Summary dismissal / Discovery of cause of action)
The plaintiffs, claiming to be descendants of an Indian Band that surrendered its treaty rights and Reserve rights in the late 1800s, brought an action against the Crown for breach of fiduciary duty, fraudulent and malicious behaviour, and treaty breach.  The chambers judge dismissed the claim summarily, finding that most of the claims did not disclose a genuine issue for trial, the plaintiffs did not have standing, and most of the claims were barred by the statutory limitation period.  The Court upheld the chambers judge's decision, holding that the evidence before the chambers judge suggested that any cause of action would have been clear in the 1970s, meaning that the action was out of time.
Majority/Dissent: 7/0

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SCC decision: December 21, 2006

Submitted by Andrew Pilliar on Thu, 2006-12-21 21:00
R. v. Morris, 2006 SCC 59
Click here to link to the full judgment.
(Aboriginal law / Right to hunt / hunting at night / illuminating device)
The accused, a member of the Tsartlip Band, shot a deer that had been released by authorities in an attempt to catch illegal night hunters. The Court held that the Tsartlip’s right to hunt at night with the aid of illuminating devices is protected by the North Saanich Treaty and ordered an acquittal. The Dissent held that night hunting with a firearm was unreasonably dangerous.
Majority/Dissenting: 4/3
 
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SCC decision: December 7, 2006

Submitted by Andrew Pilliar on Thu, 2006-12-07 18:10
R. v. Sappier; R. v. Gray, 2006 SCC 54
Click here to link to the full judgment.
(Aboriginal Law / right to harvest wood)
Members of a First Nations band were charged with unlawful possession or unlawful cutting of Crown timber. The logs had been taken from lands traditionally harvested by the band. The logs were used for the construction of houses for the band, furniture, and firewood. No product of the logs was sold. The Court held that a defence of aboriginal right and been made out, and upheld the acquittals.
Majority/Concurring: 8/1
 
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