Penelope Gawn

The Little Salmon/Carmacks First Nation entered into a modern comprehensive land claims agreement with the federal and territorial governments.

Under the treaty, members have a right of access for hunting and fishing for subsistence in their traditional territory.

A non-Aboriginal resident applied for an agricultural land grant within this territory, which was approved by the territorial government.

The First Nation sought judicial review, arguing the government failed to consult and accommodate them.

The Supreme Court of Canada held that the Crown has a duty to consult Aboriginal peoples before making decisions that might adversely affect their treaty rights, even in the context of a modern comprehensive land claims agreement.

However, on the facts of this case, the duty to consult was at the lower end of the spectrum and was discharged by the government.

There was no duty to accommodate.

The appellants claimed that lands set aside for the Ross River Band in the Yukon Territory constituted a reserve under the Indian Act, entitling them to a tax exemption.

The Supreme Court of Canada held that no reserve was legally created because there was no intention to create a reserve on the part of Crown agents with the authority to bind the Crown.

The Court found that while lands were set aside for the band's use, the statutory framework and royal prerogative require both an act of setting apart and a clear intention to create a reserve, which was absent in this case.