Hearing: February 26, 1996 Judgment: August 22, 1996
Full case name
Howard Pamajewon and Roger Jones v Her Majesty The Queen; Arnold Gardner, Jack Pitchenese and Allan Gardner v Her Majesty The Queen
Citations
[1996] 2 S.C.R. 821
Ruling
Pamajewon appeal dismissed.
Court membership
Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major
Reasons given
Majority
Lamer C.J., joined by La Forest, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.
Concurrence
L’Heureux‑Dubé J.
Laws applied
R v Van der Peet, [1996] 2 S.C.R. 507
R v Pamajewon, [1996] 2 S.C.R. 821, is a leading Supreme Court of Canada decision on Aboriginal self-government under section 35(1) of the Constitution Act, 1982. The Court held that the right to self-government, if it exists, is subject to reasonable limitations and excluded the right to control high-stakes gambling.
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