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The Adjudication Of Historical Evidence: A Comment And And Elaboration On A Proposal By Justice Lebel, Shin Imai
Shin Imai
The appropriate forum and procedures for deciding whether Aboriginal and treaty rights exists has been troubling for courts. In the early years after the enactment of section 35, and today, in a significant number of cases, the issue was decided in criminal proceedings. Often charges were laid for hunting or fishing without a license, or out of season. Such was the case in R. v. Marshall and R. v. Bernard when the Supreme Court of Canada was required to consider an appeal of a conviction for a provincial offence related to logging. Justice LeBel mused about the appropriateness of criminal …