R. v. Jim
Encyclopedia
R. v. Jim 26 C.C.C. 236, was a decision by the British Columbia Supreme Court on Aboriginal ("Indian") hunting and provincial game law
s. The Court found that Aboriginal hunting on Indian reserve
s is primarily federal jurisdiction, relating to section 91(24) of the British North America Act, 1867
which assigns "Indians, and Lands reserved for the Indians" to the federal government.
tribe. In Victoria, British Columbia
in 1914 a police magistrate convicted him of possession of a part of a deer
in violation of the provincial Game Protection Act. Jim had hunted the deer on a reserve and used the meat in his home. Jim fought the charges against him by saying he had treaty rights, and that the British North America Act and federal Indian Act
ensured the province could not apply this law to Aboriginals.
as well. The fact that there was no such regulation in British Columbia at the time possibly related to treaties.
writes, "Hunting on a reserve is such a significant element of traditional Indian ways that it should probably be free of provincial regulation." He points to R. v. Jim to back this up. As for hunting outside reserves, the Supreme Court of Canada
case Kruger and al. v. The Queen
(1978) suggested this was not "Indianness," whereas Dick v. The Queen (1985) suggested it was.
Canadian Aboriginal case law
Game law
Game laws are statutes which regulate the right to pursue and take or kill certain kinds of fish and wild animal . Their scope can include the following: restricting the days to harvest fish or game, restricting the number of animals per person, restricting species harvested, and limiting weapons...
s. The Court found that Aboriginal hunting on Indian reserve
Indian reserve
In Canada, an Indian reserve is specified by the Indian Act as a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band." The Act also specifies that land reserved for the use and benefit of a band which is not...
s is primarily federal jurisdiction, relating to section 91(24) of the British North America Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
which assigns "Indians, and Lands reserved for the Indians" to the federal government.
Background
The case involved an Aboriginal Chief named Edward Jim of the North SaanichSaanich
The Saanich or W̱SÁNEĆ are indigenous nations from the north coast of the Olympic Peninsula in Washington, the Gulf and San Juan Islands, southern Vancouver Island and the southern edge of the Lower Mainland in British Columbia.*BOḰEĆEN – Pauquachin...
tribe. In Victoria, British Columbia
Victoria, British Columbia
Victoria is the capital city of British Columbia, Canada and is located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of about 78,000 within the metropolitan area of Greater Victoria, which has a population of 360,063, the 15th most populous Canadian...
in 1914 a police magistrate convicted him of possession of a part of a deer
Deer
Deer are the ruminant mammals forming the family Cervidae. Species in the Cervidae family include white-tailed deer, elk, moose, red deer, reindeer, fallow deer, roe deer and chital. Male deer of all species and female reindeer grow and shed new antlers each year...
in violation of the provincial Game Protection Act. Jim had hunted the deer on a reserve and used the meat in his home. Jim fought the charges against him by saying he had treaty rights, and that the British North America Act and federal Indian Act
Indian Act
The Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...
ensured the province could not apply this law to Aboriginals.
Decision
Justice Hunter, on the BC Supreme Court, found that the conviction should be overturned. He pointed to section 91(24) of the British North America Act to note that "Indians" are under federal jurisdiction. The federal government had then enacted the Indian Act, and it stated that "Indian lands" are "managed" by the Governor in Council. Hunter interpreted the word "managed" to be broad in its application, and it should include governing hunting and fishing on reserves (Indian lands). Hunter also noted the federal government did regulate Aboriginal hunting in other provinces, suggesting it would have jurisdiction in British ColumbiaBritish Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
as well. The fact that there was no such regulation in British Columbia at the time possibly related to treaties.
Aftermath
Generally, provincial laws apply to Aboriginals. Provincial laws do not apply when they affect "Indianness," primary Aboriginal issues. As constitutional scholar Peter HoggPeter Hogg
Peter Wardell Hogg, CC, QC, FRSC is a Canadian lawyer, author and legal scholar. He is best known as a leading authority on Canadian constitutional law....
writes, "Hunting on a reserve is such a significant element of traditional Indian ways that it should probably be free of provincial regulation." He points to R. v. Jim to back this up. As for hunting outside reserves, the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
case Kruger and al. v. The Queen
Kruger and al. v. The Queen
Kruger and al. v. The Queen, [1978] 1 S.C.R. 104, was a decision by the Supreme Court of Canada on the relationship between the Indian Act and provincial game laws. The Indian Act is a federal law enacted under the British North America Act, 1867, which gives jurisdiction over Aboriginals to the...
(1978) suggested this was not "Indianness," whereas Dick v. The Queen (1985) suggested it was.
See also
- List of notable Canadian lower court cases
- The Canadian Crown and First Nations, Inuit and MétisThe Canadian Crown and First Nations, Inuit and MétisThe association between the Canadian Crown and Aboriginal peoples of Canada stretches back to the first interactions between North American indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and aboriginal tribes...
Canadian Aboriginal case law
- Numbered TreatiesNumbered TreatiesThe numbered treaties are a series of eleven treaties signed between the aboriginal peoples in Canada and the reigning Monarch of Canada from 1871 to 1921. It was the Government of Canada who created the policy, commissioned the Treaty Commissioners and ratified the agreements...
- Indian ActIndian ActThe Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...
- Section Thirty-five of the Constitution Act, 1982Section Thirty-five of the Constitution Act, 1982Section thirty-five of the Constitution Act, 1982 provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution Act, 1982 and thus the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms...
- Indian Health Transfer Policy (Canada)Indian Health Transfer Policy (Canada)The Indian Health Transfer Policy of Canada, provided a framework for the assumption of control of health services by Aboriginal Canadians and set forth a developmental approach to transfer centred on the concept of self-determination in health. Through this process, the decision to enter into...