R v Jim

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R. v. Jim (1915) 26 C.C.C. 236, was a decision by the British Columbia Supreme Court on Aboriginal ("Indian") hunting and provincial game laws. The Court found that Aboriginal hunting on Indian reserves 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.

Background

The case involved an Aboriginal Chief named Edward Jim of the North Saanich 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.

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 Columbia 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 Hogg 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.^[1]

References

↑ Hogg, Peter W. Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 595.

External links

Full text

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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