Notable Indigenous Rights Court Cases

Rights of Indigenous peoples in Canada are recognized within the Constitution of Canada, particularly in section 35. While the Constitution of Canada states “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed,” these rights are not explicitly stated within the Constitution. As a result, there have been numerous Supreme Court of Canada cases related to Indigenous rights. Below is a list of prominent Indigenous rights Supreme Court of Canada cases. Note: This is not a complete list of all Supreme Court of Canada cases related to Indigenous peoples or rights.

List of Notable Indigenous Rights Court Cases

Case Name	Year	Information
R v. Sylliboy*	1928	Believed to be the first court case to argue Mi’kmaw right to hunt and fish using the 1752 Peace and Friendship Treaty. Despite losing the case, R v. Simon (1985), heard by the Supreme Court of Canada, found the Peace and Friendship Treaty does provide these rights
R v. Drybones	1970	Overturned aspects of the Indian Act that went against equality before the law
Calder et al. v. Attorney General of British Columbia	1973	Despite Calder et al. losing the case that sought recognition of their ownership of lands they historically occupied, the Court acknowledged Aboriginal title in Canadian law
R v. Bedard; A.-G. Can v. Lavell	1973	Rejected claims of sex-based discrimination within the Indian Act
R v. Guerin	1984	Confirmed the federal government has a legal and moral responsibility to First Nations, recognized Aboriginal title as a unique right
R v. Sioui	1990	Recognized and affirmed a treaty with the Wendat and required courts to be liberal in their interpretation of treaties
R v. Sparrow	1990	Affirmed Musqueam fishing rights
R v. Badger	1996	Recognized Treaty 8 First Nations’ right to hunt for food, but rejected their right to hunt for food on private property that was in visible use
R v. Van der Peet	1996	Defined and restricted Indigenous rights to those customs and traditions that are pre-contact and integral to an Indigenous people’s distinctive culture
R v. Gladstone	1996	Recognized Heiltsuk right to sell herring spawn on kelp
R v. Pamajewon	1996	First court case to argue First Nations have an inherent right to self-government, in this case related to gambling. The Supreme Court rejected high-stakes gaming as part of self-government
R v. Adams	1996	Held that claims to land are one manifestation of Aboriginal rights, not that Aboriginal rights exist only where Aboriginal title is claimed
Delgamuukw v. British Columbia	1997	Recognized Aboriginal title as a right protected by section 35(1)
R v. Gladue	1999	Advises lower courts to consider an Indigenous offender’s background and history in sentencing decisions
R v. Marshall	1999	Affirmed Mi’kmaw hunting and fishing rights from the Peace and Friendship Treaties
R v. Powley	2003	Recognized Métis hunting rights and outlined a test for who is legally able to claim Métis rights
R v. Sappier; R v. Gray	2006	Upheld the right of Wolastoqiyik and Mi’kmaq to harvest wood from Crown lands for personal use as an Aboriginal right
McIvor v. Canada**	2007	Recognized discrimination within the Indian Act through the removal of status of Status Indian women if they married someone without status (non-Status Indian or non-Indigenous person) and required the government to remove this discrimination (see also Women and the Indian Act)
Manitoba Metis Federation Inc. v. Canada	2013	Confirmed that the federal government failed in its obligations as a result of not granting land to the Métis after the Manitoba Act
Tsilhqot’in Nation v. British Columbia	2014	Recognized Aboriginal title of the Tsilhqot’in Nation and recognizes government’s duty to consult Aboriginal title holders
Daniels v. Canada	2016	Confirmed that the federal government has the legal responsibility to legislate on issues related to Métis and non-Status Indians
Williams Lake Indian Band v. Canada	2018	Held Canada liable for breaches of its fiduciary duty to First Nation pre-Confederation
Dickson v. Vuntut Gwitchin First Nation	2024	Upheld the right of First Nations to require leadership to live on its traditional territory