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7 gru 2006 · Aboriginal law — Van der Peet test — Meaning of “distinctive culture”. The respondents, S and P who are Maliseet and G who is Mi’kmaq, were charged under New Brunswick’s Crown Lands and Forests Act with unlawful possession of or cutting of Crown timber from Crown lands.
5 gru 2012 · This article uses the case of R. v. Van der Peet to critically analyze the role of language in Section 35(1) of the Canadian Constitution in perpetuating asymmetrical power dynamics within the framework of colonialism.
According to the Court, as stipulated in the Van der Peet case, in order for an Indigenous practice to receive constitutional protection, it must pass a two-stage test referred to as the Integral to a Distinctive Culture Test, or the Van der Peet Test.
16 sie 2024 · This case established the “Van der Peet test,” which requires that, for an activity to be considered an Indigenous right, it “must be an element of a practice, custom or tradition integral to the distinct culture of the aboriginal group claiming the right.”
19 wrz 2003 · We accept Van der Peet as the template for this discussion. However, we modify the pre-contact focus of the Van der Peet test when the claimants are Métis to account for the important differences between Indian and Métis claims.
v. Van der Peet. This page contains a form to search the Supreme Court of Canada case information database. You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court.
18 mar 2014 · The Van der Peet Test for Aboriginal Rights. In R v Van der Peet, the Supreme Court of Canada established the test to for identifying Aboriginal rights.
