- R. v. Badger
case-name=R. v. Badger
heard-date=May 1, 2, 1995
decided-date=April 3, 1996
JoinMajority=La Forest, L'Heureux‑Dubé, Gonthier and Iacobucci JJ.
"R. v. Badger",  1 S.C.R. 771 is a leading
Supreme Court of Canadadecision on the scope of aboriginal treaty rights. The Court set out a number of principles regarding the interpretation of treaties between the Crown and aboriginal peoples in Canada.
Wayne Badger, Leroy Kiyawasew, and Ernest Ominayak were
Creeand status Indians under the Treaty No. 8. They were each caught hunting for food on private land. Badger was caught near a farm house, Kiyawasew was caught in a farmers field, while Ominayak was caught in a field of Muskeg. They were charged under the "Wildlife Act". At trial the three accused argued that they were entitled to hunt as part of their aboriginal treaty rights. The Crown argued that the "Natural Resources Transfer Agreement" of 1930 had extinguished the rights granted by Treaty No. 8. The accused were convicted which was upheld on appeal.
The issues before the Supreme Court were:
# whether status Indians under Treaty No. 8 have the right to hunt for food on privately owned land which lies within the territory surrendered under that Treaty.
# whether the hunting rights set out in Treaty No. 8 have been extinguished or modified by the "Natural Resources Transfer Agreement".
# the extent, if any, that sections 26(1) (requiring a hunting licence) and 27(1) (establishing hunting seasons) of the "Wildlife Act" applied to the accuseds.
Reasons of the Court
Justice Cory, writing for the majority, held that the appeals of Badger and Kiyawasew should be dismissed but Ominayak's appeal should be allowed and a new trial should be directed.
The Treaty, Cory found, granted the right to "pursue their usual vocations of hunting, trapping, and fishing", which was limited by geography and the right of the government to conserve Wildlife. Cory gave several prinicples in interpreting treaties:
# a treaty represents an exchange of solemn promises between the Crown and the various Indian nations.
# the honour of the Crown is always at stake; the Crown must be assumed to intend to fulfil its promises.
# any ambiguities or doubtful expressions must be resolved in favour of the Indians and any limitations restricting the rights of Indians under treaties must be narrowly construed.
# the onus of establishing strict proof of
extinguishmentof a treaty or aboriginal right lies upon the Crown.
Cory then turned to the issue of the NRTA. He found that it extinguished the right to hunt commercially but not the right to hunt for food.
When interpreting any treaties, they must be given their natural meaning as understood by the Indians at the time that they were signed. The limitation of the hunting treaty should be basd on visible, incompatible land use. On this basis, the appeals fo Badger and Kiyawasew must be dismissed as they were hunting where it was visibly incompatible with the land use.
Cory considered whether the Wildlife Act, which required hunting licenses, violated their aboriginal right to hunt. He found that it did violate their rights and could not be justified under the
List of Supreme Court of Canada cases
Wikimedia Foundation. 2010.
Look at other dictionaries:
Badger-baiting — is a blood sport involving the baiting of badgers.BackgroundThe badger is a usually quiet and docile creature in its own domain; however, when cornered or when a threat is perceived it can possess impressive courage. Weighing up to thirty five… … Wikipedia
Badger (disambiguation) — Badger is the common name for any animal of three subfamilies: * Eurasian Badger found across Europe and Asia * American Badger found in North America * Ratel or honey badger found in Africa and AsiaBadger may also refer to:PlacesAustralia *… … Wikipedia
Badger Badger Badger — or Badgers is a Flash cartoon by British animator Jonti Picking. It consists of images of badgers doing calisthenics, a toadstool in front of a tree, and a snake in the desert. Accompanied by electronic music, a voice repeats the word badger over … Wikipedia
Badger (Farthing Wood) — Badger is a fictional character from the animated children s television series The Animals of Farthing Wood , based upon the books of the same name by author Colin Dann.Although Badger died in the animated series, he lived throughout the course… … Wikipedia
Badger — ist der Name mehrerer Orte: in Kanada: Badger (Neufundland und Labrador) in Großbritannien: Badger (Stropshire) in den Vereinigten Staaten: Badger (Iowa) Badger (Kalifornien) Badger (Kansas) Badger (Kentucky) Badger (Minnesota) Badger (Nebraska)… … Deutsch Wikipedia
Badger Mother — is a fictional office in the Redwall series by Brian Jacques. It is a term for the female badgers who have served as nurses and guardians for generations at Redwall Abbey.The office of Badger Mother was started at the time of the Abbey s… … Wikipedia
Badger Pass Ski Area — (also known as Badger Pass) is a resort in Yosemite National Park. It is situated five miles south southeast of the Chinquapin intersection of Wawona Road (HWY 41 continuation) with Glacier Point Road in the southern area of Yosemite National… … Wikipedia
Badger badger badger — ou Badgers est une animation Flash réalisée par le britannique Jonti Picking. Elle montre des blaireaux (badger en anglais) en train de faire des flexions, jambes et bras écartés, un amanite tue mouches devant un arbre et d un serpent dans le… … Wikipédia en Français
Badger Boys State — Full State Picture Abbreviation BBS Motto Investing In Our Youth For a Stronger Wisconsin … Wikipedia
Badger's Quay, Newfoundland and Labrador — Badger s Quay is a Canadian town in the province of Newfoundland and Labrador.Located on Bonavista Bay, it had a population of 611 in 1956. Its name was referred to as Badger s Bay in early census data. The name badger probably named after the… … Wikipedia
Badger Badger Badger — nommé parfois Badgers est une animation Flash réalisée par le britannique Jonti Picking, webmaster de weebl s stuff. Le nom de la vidéo vient du fait que les principaux protagonistes sont des blaireaux (badger en anglais). Considérée comme un… … Wikipédia en Français