Jacob Kruger and Robert Manuel v Her Majesty The Queen
Citations
[1978] 1 SCR 104, 1977 CanLII 3
Prior history
Judgment for the Crown in the Court of Appeal for British Columbia
Holding
The Wildlife Act applies to Indians under section 88 of the Indian Act.
Court membership
Chief Justice: Bora Laskin Puisne Justices: Ronald Martland, Wilfred Judson, Roland Ritchie, Wishart Spence, Louis-Philippe Pigeon, Brian Dickson, Jean Beetz, Louis-Philippe de Grandpré
Reasons given
Unanimous reasons by
Dickson J.
Kruger v R, [1978] 1 S.C.R. 104, was a decision by the Supreme Court of Canada on the relationship between the Indian Act and provincial game laws. The Indian Act is a federal law enacted under the British North America Act, 1867, which gives jurisdiction over Aboriginals to the federal government. The Court found that the Indian Act's statement that provincial laws may apply to Aboriginal peoples in Canada as long as they apply to other people protects laws even if these laws affect Aboriginals more than others.
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