Removing all Reasonable Cause of Discontent: Noteworthy Decisions of the Alberta Court of Appeal in Aboriginal Litigation
AbstractThis article examines the past 100 years of Aboriginal litigation at the Alberta Court of Appeal. It begins by describing pre-Charter cases related to historical hunting rights. It then examines cases related to division of power issues before describing cases concerning religious freedom, freedom to associate, and equality rights. Afterwards, cases concerning post-Charter Aboriginal and Métis hunting rights are discussed. Finally, the concepts of honour of the Crown and fiduciary duty are considered.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.