R v Marshall; R v Bernard
| R v Marshall; R v Bernard | |
|---|---|
| Hearing: January 17, 18, 2005 Judgment: July 20, 2005 | |
| Full case name | Her Majesty The Queen v Joshua Bernard, et al. and Her Majesty The Queen v Stephen Frederick Marshall, et al. |
| Citations | 2005 SCC 43, [2005] 2 S.C.R. 220 |
| Ruling | The appeals allowed and the convictions restored. Marshall cross‑appeal is dismissed. |
| Court membership | |
| Chief Justice: Beverley McLachlin Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron | |
| Reasons given | |
| Majority | McLachlin C.J. |
| Concurrence | LeBel J. |
R v Marshall; R v Bernard 2005 SCC 43 is a leading Aboriginal rights decision of the Supreme Court of Canada where the Court narrowed the test from R. v. Marshall for determining the extent of constitutional protection upon Aboriginal practices. The Court held that there was no right to commercial logging granted in the "Peace and Friendship treaties of 1760", the same set of treaties where the right to commercial fishing was granted in the R. v. Marshall decision. This decision also applied and developed the test for aboriginal title from Delgamuukw v British Columbia.