Bernard v. R., 2017 NBCA 48

JurisdictionNew Brunswick
JudgeThe Honourable Justice Larlee,The Honourable Justice Richard,The Honourable Justice Quigg
Citation2017 NBCA 48
CourtCourt of Appeal (New Brunswick)
Docket Number12-16-CA
Date26 October 2017
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4 practice notes
  • Regroupement des Pêcheurs Professionnels du Sud de la Gaspésie v. Canada (Attorney General), 2023 FC 1206
    • Canada
    • Federal Court (Canada)
    • October 13, 2023
    ...right to exercise control over how its members exercise that right: R v Sundown, [1999] 1 SCR 393 at para 36; Bernard v The Queen, 2017 NBCA 48 at para 58; Metallic v Listuguj Mi’gmaq Government, (19 June 2013), Bonaventure No 105-17-000357-120 (QSSC) at paras 9-12; Canadian National......
  • R. v. Lamb, 2018 NBQB 213
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • November 23, 2018
    ...deliberately caused by the parties and the court while all awaited the decision of the Court of Appeal of this province in R. v. Bernard 2017 NBCA 48 (N.B.C.A.). As shall be seen, the judgment played a role in the trial judge’s decision. [4] The sole issue at the trial and on this appeal wa......
  • R. v. DeSautel, 2018 BCCA 131
    • Canada
    • Court of Appeal (British Columbia)
    • April 4, 2018
    ...For purposes of this application, the Crown relies primarily upon two decisions, R. v. Powley, 2003 SCC 43 and R. v. Bernard, 2017 NBCA 48. In Powley, the Supreme Court of Canada reviewed the Van de Peet test for defining Aboriginal rights under a series of headings. Under the third heading......
  • R. v. Lamb, 2020 NBCA 22
    • Canada
    • Court of Appeal (New Brunswick)
    • April 16, 2020
    ...of Métis rights, the trial judge was guided by the findings of Richard J.A. (as he then was) writing for the Court in Bernard v. R., 2017 NBCA 48, [2017] N.B.J. No. 265 (QL), that in Powley, the Supreme Court elaborated principles applicable to Aboriginal rights in Mr. Bernard claims Powley......
4 cases
  • Regroupement des Pêcheurs Professionnels du Sud de la Gaspésie v. Canada (Attorney General), 2023 FC 1206
    • Canada
    • Federal Court (Canada)
    • October 13, 2023
    ...right to exercise control over how its members exercise that right: R v Sundown, [1999] 1 SCR 393 at para 36; Bernard v The Queen, 2017 NBCA 48 at para 58; Metallic v Listuguj Mi’gmaq Government, (19 June 2013), Bonaventure No 105-17-000357-120 (QSSC) at paras 9-12; Canadian National......
  • R. v. Lamb, 2018 NBQB 213
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • November 23, 2018
    ...deliberately caused by the parties and the court while all awaited the decision of the Court of Appeal of this province in R. v. Bernard 2017 NBCA 48 (N.B.C.A.). As shall be seen, the judgment played a role in the trial judge’s decision. [4] The sole issue at the trial and on this appeal wa......
  • R. v. DeSautel, 2018 BCCA 131
    • Canada
    • Court of Appeal (British Columbia)
    • April 4, 2018
    ...For purposes of this application, the Crown relies primarily upon two decisions, R. v. Powley, 2003 SCC 43 and R. v. Bernard, 2017 NBCA 48. In Powley, the Supreme Court of Canada reviewed the Van de Peet test for defining Aboriginal rights under a series of headings. Under the third heading......
  • R. v. Lamb, 2020 NBCA 22
    • Canada
    • Court of Appeal (New Brunswick)
    • April 16, 2020
    ...of Métis rights, the trial judge was guided by the findings of Richard J.A. (as he then was) writing for the Court in Bernard v. R., 2017 NBCA 48, [2017] N.B.J. No. 265 (QL), that in Powley, the Supreme Court elaborated principles applicable to Aboriginal rights in Mr. Bernard claims Powley......

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