Chapter 17 Study Questions

  1. What was the importance of the St Catharines Milling v. The Queen case?
  2. What were the main arguments of Calder v. Attorney General of British Columbia?
  3. In spite of constitutional recognition of Aboriginal title in 1982, on what basis did the judge rule against the Teme-agama Anishinaabe in the Attorney General of Ontario v. Bear Island Foundation case of 1991?
  4. In what way does the separation of constitutional powers affect Indigenous land claims?
  5. What three cases represent a turning point in the more inclusive Canadian legal approach to Aboriginal rights? Briefly describe each.
  6. Why was the Donald Marshall Jr. case of 1999 considered to be an explosive case?
  7. Why was the 2001 decision in the Ontario Court of Appeal (ruling that Métis, as a distinct Indigenous people, had the constitutional right to hunt for food out of season) of additional significance to the Métis?
  8. What is the status of the Manitoba Métis Federation’s case against the Crown regarding the delay in implementing the land provisions of the 1870 Manitoba Act?
  9. What was the 1971 case involving Donald Marshall of Nova Scotia about, and what did it reveal about the justice system and its relationship with Indigenous people?
  10. Where and when did Canada’s first Indigenous court open?
  11. What are some examples of First Nation-based police forces?
  12. Name a key finding and at least three key recommendations of the Commission on First Nations and Métis Peoples and Justice Reform report that was released in 2004.
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