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R v. Cardinal, 2010 ABQB 673

In Aboriginal Rights/Defences, Fish Cases on (Updated )

In this case, the trial court rejected a long list of defences based upon the inter-relationship between Treaty 6 rights and the Natural Resources Transfer Agreement ("NRTA"). With respect to the interjurisdictional immunity doctrine, the court concluded that since the Provincial hunting and fishing laws could not go the the "core of Indianness" because their Treaty right to sell fish …

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