Peter Landmann

The respondents, who are Métis, shot and killed a bull moose without a licence and were charged under the Game and Fish Act.

They claimed an aboriginal right to hunt for food under s. 35 of the Constitution Act, 1982.

The trial judge and the Superior Court judge found that the respondents had an aboriginal right to hunt for food that was infringed by the Act, and that the infringement was not justified.

The Court of Appeal dismissed the Crown's appeal, holding that the Van der Peet test must be modified for Métis claims to account for their post-contact ethnogenesis.

The Court found that hunting was an integral practice of the historic Métis community at Sault Ste.

Marie, that a contemporary community exists in continuity with the historic one, and that the respondents are members.

The infringement was not justified, but the Court granted a one-year stay of the judgment to allow the government to develop a new regulatory regime.

The appellant province appealed a judgment concerning the designation of First Nations bands as delivery agents under the Ontario Works Act.

The Court of Appeal resolved the dispute narrowly by declaring that, in light of the 1965 Welfare Agreement, the minister's powers under s. 38 had to be exercised with the consent of the band.

The court set aside the judgment below, established a process by which bands could indicate non-consent and obtain immediate revocation of designation, and left existing designations temporarily in place pending that choice.

The court expressly declined to determine the broader constitutional issues addressed below.

The appellant airlines purchased liquor abroad and stored it in customs bonded warehouses in Ontario for use on domestic and international flights.

The provincial liquor authorities charged markups and gallonage fees on the liquor.

The airlines sought restitution of the fees and a declaration that the provincial liquor monopoly was constitutionally inapplicable to their federal aeronautical undertaking.

The Supreme Court of Canada held that the liquor was subject to the federal Importation of Intoxicating Liquors Act and that the provincial monopoly applied, as providing liquor is not an integral part of an aeronautical undertaking.

However, the Court ordered the provincial authorities to make full restitution of the gallonage fees wrongfully collected under an inapplicable licensing regime.