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Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12 is a case of the Supreme Court of Canada, which ruled that Métis and non-status Indians are "Indians" for the purpose of s 91(24) of the Constitution Act, 1867. [2]
Reference Re Eskimos, 1939 CanLII 22, [1939] SCR 104 is a decision by the Supreme Court of Canada regarding the constitutional status of Canada's Inuit, then called "Eskimos." The case concerned section 91(24) of the Constitution Act, 1867 , then the British North America Act, 1867 , which assigns jurisdiction over "Indians, and Lands reserved ...
Section 91 of the Constitution Act, 1867 (French: article 91 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament. The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of the Constitution Act, 1867.
The Royal Proclamation of 1763 is the foundation document creating special land rights for Indigenous peoples within Canada (which was called "Quebec" in 1763). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians". [8]
The issues relating to prohibitions and penalties can be approached separately, as noted by Laskin C.J. in Attorney General of Canada v. Canadian National Transportation, Ltd.: It is certainly open to the Parliament of Canada, in legislating in relation to s. 91(27), to take a disjunctive view of the very wide criminal law power which it possesses.
First examined in Citizen's Insurance Co. v. Parsons (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: . The words "regulation of trade and commerce," in their unlimited sense are sufficiently wide, if uncontrolled by the context and other parts of the Act, to include every regulation of trade ranging from political arrangements in regard to ...
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Canada's Constitution Act, 1867 – Section 91: Powers of the Parliament; Peace, Order and Good Government at Marianopolis College; POGG at constitutional-law.net; Canadians and their Government – a resource guide full of information and a wide range of activities that allow young Canadians to learn more about their government and its ...