Alexander M. Cameron

The accused, Mi'kmaq Indians in Nova Scotia and New Brunswick, were charged with cutting and possessing timber from Crown lands without authorization.

They argued they had a right to log for commercial purposes pursuant to the treaties of 1760-61 and aboriginal title.

The Supreme Court of Canada held that the treaties did not confer a right to commercial logging, as it was not the logical evolution of a traditional Mi'kmaq trading activity.

The Court also held that the accused did not establish aboriginal title to the cutting sites, as the evidence did not show sufficiently regular and exclusive use of the lands at the time of British sovereignty.

The convictions were restored.

The appellants, Francophone parents in Nova Scotia, sought an order directing the Province to provide French-language secondary school facilities under s. 23 of the Charter.

The trial judge found a violation and ordered the Province to use its 'best efforts' to provide the facilities by specific dates, retaining jurisdiction to hear progress reports.

The Province appealed the retention of jurisdiction, and the Court of Appeal struck it down based on functus officio.

The Supreme Court of Canada allowed the appeal, holding that the trial judge's reporting order was an 'appropriate and just' remedy under s. 24(1) of the Charter, meaningfully vindicating the parents' rights in the context of historical delay and assimilation, without unduly departing from the judicial role.