Case information

Aboriginal law — Indian bands — Aboriginal organization representing persons living off reserve in Quebec, including non status Indians, instituting court action and seeking declarations concerning various legislative provisions — Trial judge declining to make declarations sought — Court of Appeal dismissing organization’s appeal — Whether Court of Appeal erred in finding that proof of Indigenous ancestry is not sufficient to establish ancestral connection to historic Indigenous community for purpose of establishing that person is member of Indigenous people — Whether Court of Appeal erred in finding that agreements contemplated by provincial statute are solely intended to govern exercise of Aboriginal hunting or fishing rights for ritual, social or food purposes — Whether Court of Appeal erred in finding that organization cannot hold communal fishing licence if it is not territorially based Aboriginal community — Act respecting the Ministère du Conseil exécutif, CQLR, c. M 30, s. 3.48 — Act respecting the conservation and development of wildlife, CQLR, c. C 61.1, s. 24.1 — Aboriginal Communal Fishing Licences Regulations, SOR/93 332, ss. 2 (“aboriginal organization”), 4 — Canadian Charter of Rights and Freedoms, ss. 2(d), 7, 8, 15.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

SEALING OR CONFIDENTIALITY ORDER

The Native Alliance of Quebec (hereinafter “NAQ”) and some of its individual members instituted an action and sought judicial declarations concerning a resolution passed by the National Assembly of Quebec in March 1985; the applicants also alleged that various statutory and regulatory provisions infringed their rights under the Constitution Act, 1867, the Constitution Act, 1982 and the Canadian Charter of Rights and Freedoms.

The trial judge dismissed the application for a declaratory judgment brought by the NAQ and its members. The Quebec Court of Appeal dismissed an appeal by the applicants.