R v Jim

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

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

Canadian Aboriginal and indigenous law
Note: "Aboriginal law" refers to Canadian law dealing with indigenous peoples, whereas "indigenous law" refers to the customary law of individual indigenous groups.
Sources of law	Aboriginal land title in Canada Royal Proclamation of 1763 Section 25 of the Canadian Charter of Rights and Freedoms Section 35 of the Constitution Act, 1982 Section 91(24) of the Constitution Act, 1867 Treaty rights
Treaties and governmental relations	Covenant Chain (1670s) Great Peace of Montreal (1701) Nanfan Treaty (1701) Halifax Treaties (1760-1761) Treaties of Fort Niagara (1764-1784) Upper Canada treaties Penetanguishene Bay Purchase (1798) Lake Simcoe–Lake Huron Purchase (1815) Huron Tract Purchase (1827) Saugeen Tract Agreement (1836) Robinson Treaty (1850) Douglas Treaties (1850-54) Numbered Treaties (1871-1921) 1 2 3 4 5 6 7 8 9 10 11 Indian Act (1876-present) 1969 White Paper James Bay and Northern Quebec Agreement (1975) Nunavut Land Claims Agreement (1993) Royal Commission on Aboriginal Peoples (1995) Nisga'a Final Agreement (1998) Ongoing treaty negotiations in British Columbia Paix des Braves (2002) Duty to consult and accommodate (since 2004) Land claims specific claims since 1973
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 Assn of Canada v Canada Kruger v R R v Marshall; R v Bernard R v Marshall Mitchell v MNR Paul v British Columbia Paulette Caveat Powley ruling R v Drybones R v Gladstone R v Gladue Gladue report 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
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