The appellant First Nation challenged the constitutionality of provisions in British Columbia's Heritage Conservation Act that allowed the Minister to issue permits authorizing the alteration or destruction of aboriginal heritage objects, specifically culturally modified trees.
The appellants argued the provisions were ultra vires the province as they intruded on the federal power over Indians and lands reserved for Indians.
The Supreme Court of Canada held that the impugned provisions were valid provincial legislation falling within the province's jurisdiction over property and civil rights.
The Court found the legislation did not single out aboriginal peoples or impair their status, but rather established a balanced scheme for heritage conservation that applied generally across the province.
