Mitchell v MNR

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Mitchell v MNR
Supreme Court of Canada
Hearing: 16 June 2000 Judgment: May 24, 2001
Full case name	Minister of National Revenue v Grand Chief Michael Mitchell also known as Kanentakeron
Citations	2001 SCC 33
Docket No.	27066
Prior history	APPEAL from Mitchell v. M.N.R. 1998 CanLII 9104 (2 November 1998), affirming in part Mitchell v. Canada (Minister of National Revenue) 1997 CanLII 5266 (27 June 1997)
Ruling	Appeal allowed
Court Membership
Chief Justice: Beverley McLachlin Puisne Justices: Claire L'Heureux-Dubé, Charles Gonthier, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, Louis LeBel
Reasons given
Majority	McLachlin CJ, joined by Gonthier, Iacobucci, Arbour and LeBel JJ
Concurrence	Binnie J, joined by Major J
L'Heureux-Dubé and Bastarache JJ took no part in the consideration or decision of the case.

Mitchell v MNR, [2001] 1 S.C.R. 911 is a leading Supreme Court of Canada decision on aboriginal rights under section 35(1) of the Constitution Act, 1982. The court held that Mitchell's claim to an aboriginal right to import goods across the Canada–US border was invalid as he was unable to present enough evidence showing that the importation was an integral part of the band's distinctive culture.

In 1988, Grand Chief Michael Mitchell, a Mohawk of Akwesasne, attempted to bring goods from the US into Canada. At the border he declared everything that he had purchased in the US but refused to pay any duty on it, claiming that he had an aboriginal right to bring goods across the border.

At trial, the Federal Court agreed with Mitchell and held that there was an aboriginal right to import goods. The decision was upheld by the Federal Court of Appeal.

The Supreme Court overturned the decision, and held that Mitchell was required to pay duty for all of the goods he imported.

External links

Full text of Supreme Court of Canada decision available at LexUM and CanLII

Canadian Aboriginal law

Politics, law and legislation	Indigenous and Northern Affairs Canada The Canadian Crown and Aboriginal peoples Canadian Indian residential school system High Arctic relocation Fred Quilt inquiry Ipperwash Crisis

Aboriginal law	Royal Proclamation of 1763 Constitution Act, 1867 Section 35 of the Constitution Act, 1982 Douglas Treaties 1969 White Paper Kelowna Accord Numbered Treaties Indian Act Royal Commission on Aboriginal Peoples First Nations treaties in British Columbia Indian Health Transfer Policy

Case law	Attorney General of Canada v. Lavell R. v. Badger Calder v. British Columbia Chippewas of Sarnia Band v. Canada Corbiere v. Canada Daniels v. Canada Delgamuukw v. British Columbia Native Women's Association of Canada v. Canada Kruger and al. v. The Queen R. v. Marshall; R. v. Bernard R. v. Marshall Mitchell v. M.N.R. Paul v. British Columbia Paulette Caveat Powley ruling R. v. Drybones R. v. Gladstone R. v. Gonzales R. v. Guerin R. v. Jim R. v. Pamajewon R. v. Sparrow Re Eskimos St. Catharines Milling and Lumber Co. v. R. R. v. Van der Peet Tsilhqot'in Nation v. British Columbia Daniels v. Canada

International rights & laws	Definitions and identity of indigenous peoples Declaration of Indigenous Peoples Rights United Nations Permanent Forum on Indigenous Issues Indigenous intellectual property

See also Index of Aboriginal Canadian-related articles

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Mitchell v MNR

See also

External links