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Simon v. R., [1986] 1 C.N.L.R. 153 (S.C.C.), rev'g [1982] 1 C.N.L.R. 118 (N.S.C.A.)
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The accused, a Mi\\'kmaq Indian, was charged with unlawful possession of a shot-gun cartridge and unlawful possession of a rifle during closed season under the Nova Scotia Lands and Forests Act. The accused argued that he had a treaty right to possess the cartridge and shotgun. Accordingly, he argued that the provincial legislation did not apply to him because of section 88 of the Indian Act. Section 88 provides that provincial laws of general application apply to Indians \\\subject to the terms of any treaty.\\\" The validity of the alleged treaty was also addressed. This document is the factum of the intervener Attorney General of Ontario."
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Simon v. R., [1986] 1 C.N.L.R. 153 (S.C.C.), rev'g [1982] 1 C.N.L.R. 118 (N.S.C.A.)
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The accused, a Mi\\'kmaq Indian, was charged with unlawful possession of a shot-gun cartridge and unlawful possession of a rifle during closed season under the Nova Scotia Lands and Forests Act. The accused argued that he had a treaty right to possess the cartridge and shotgun. Accordingly, he argued that the provincial legislation did not apply to him because of section 88 of the Indian Act. Section 88 provides that provincial laws of general application apply to Indians \\\subject to the terms of any treaty.\\\" The validity of the alleged treaty was also addressed. This document is the factum of the intervener Native Council of Nova Scotia."
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Smith v. Her Majesty The Queen, [1983] 3 C.N.L.R. 161 (S.C.C.)
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The Federal Government brought this action on behalf of the Red Bank Band under section 31 of the Indian Act, R.S.C. 1970, c. I-6 for possession of lands located within a reserve and occupied by the Appellant. The lands in question were surrendered by the Band to be sold. The proceeds were to be paid to the Band, but the land was never sold. The Appellant claimed title to the land on the basis of adverse possession. This document is the factum of the Appellant.
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Smith v. Her Majesty The Queen, [1983] 3 C.N.L.R. 161 (S.C.C.)
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The federal government brought this action on behalf of the Red Bank Band under section 31 of the Indian Act, R.S.C. 1970, c. I-6 for possession of lands located within a reserve and occupied by the Appellant. The lands in question were surrendered by the Band to be sold. The proceeds were to be paid to the Band, but the land was never sold. The Appellant claimed title to the land on the basis of adverse possession. This document is the factum of the Respondent.
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Smith v. Her Majesty The Queen, [1983] 3 C.N.L.R. 161 (S.C.C.)
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The federal government brought this action on behalf of the Red Bank Band under section 31 of the Indian Act, R.S.C. 1970, c. I-6 for possession of lands located within a reserve and occupied by the Appellant. The lands in question were surrendered by the Band to be sold. The proceeds were to be paid to the Band, but the land was never sold. The Appellant claimed title to the land on the basis of adverse possession. This document is the factum of the intervener Attorney General of Ontario.