R. v. Van der Peet, [1996] 4 C.N.L.R. 177 (S.C.C.), aff’g [1993] 4 C.N.L.R. 221 (B.C.C.A.)

Description

This is an Intervener factum filed by the counsel of the Interveners in Delgamuukw. It is a factum that discusses two visions of Aboriginal rights, a requirement for recognition of First Nations' societies as contemporary, errors of the court in Van der Peet, denial of a recognition of a commercial activity in Gladstone, failure of the courts to recognize an Aboriginal right to sell fish for the Sheshaht people in NTC Smokehouse and failure to apply the aboriginal perspective in a purposive approach regarding self-government. At issue is the fundamental failure of the Canadian courts to recognize Aboriginal customs, practices and traditions. The pre-sovereinty practice test is not a principled approach in respecting Aboriginal rights.