Cree School Board v. Canada (Attorney General), [2002] 1 C.N.L.R. 112 (Que. C.A.)
Downloads
Description
Section 16 of the James Bay and Northern Quebec Agreement (JBNQA) requires Canada and Quebec to fund the Cree School Board in accordance with a formula to be determined by Canada and Quebec. Canada and Quebec negotiated an agreement allowing them to set funding levels for the Cree School Board. The Cree School Board argued that their exclusion from the negotiations violated their constitutional rights under s. 16 of the JBNQA. Both Canada and Quebec argued that the JBNQA was a contract, not a treaty and therefore must not be interpreted in accordance with s. 35 of the Constitution Act, 1982. Canada further argued that the fiduciary obligation of the Crown toward Aboriginal peoples should not be invoked in relation to the JBNQA.
In collections
- Title
- Cree School Board v. Canada (Attorney General), [2002] 1 C.N.L.R. 112 (Que. C.A.)
- Creator
- Subject
- Description
- Section 16 of the James Bay and Northern Quebec Agreement (JBNQA) requires Canada and Quebec to fund the Cree School Board in accordance with a formula to be determined by Canada and Quebec. Canada and Quebec negotiated an agreement allowing them to set funding levels for the Cree School Board. The Cree School Board argued that their exclusion from the negotiations violated their constitutional rights under s. 16 of the JBNQA. Both Canada and Quebec argued that the JBNQA was a contract, not a treaty and therefore must not be interpreted in accordance with s. 35 of the Constitution Act, 1982. Canada further argued that the fiduciary obligation of the Crown toward Aboriginal peoples should not be invoked in relation to the JBNQA.
- Publisher
- Contributor
- QC - Court of Appeal, Canada (Minister of Indian and Northern Affairs),Canada (A.G.),Quebec (A.G.),Canada (Minister of Intergovernmental Affairs),Quebec (Minister of Education),Quebec (Minister of Canadian Intergovernmental Affairs) (Appellant), The Cree Regional Authority,Cree School Board, The,Grand Council of the Crees (Quebec),Coon Come, Matthew (in his capacity as Grand Chief of the A.F.N.),Blacksmith, Kenny (in his capacity as the Deputy Grand Chief of the A.F.N.),Macleod, Luke (Respondent)
- Date
- 1998-10-26
- Type
- Format
- Identifier
- legal:917, local: , nation: First Nations
- Source
- Language
- Relation
- Coverage
- North America--Canada--Quebec
- Rights