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Kruger v R
''Kruger v R'', () 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.
==Background==
Jacob Kruger and Robert Manuel were Penticton First Nations people in British Columbia who killed deer outside hunting season. This was the land on which their tribe usually hunted, and it now belonged to the Crown. Since the hunting violated the provincial Wildlife Act, they were charged, but they appealed citing their Aboriginal rights under the Royal Proclamation, 1763.
The British Columbia Court of Appeal upheld the convictions, pointing to section 88 of the Indian Act. Section 88 stipulates that, "all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that such laws are inconsistent with this Act or any order, rule, regulation or by-law made thereunder, and except to the extent that such laws make provision for any matter for which provision is made by or under this Act." The Court of Appeal found that this section allowed the Wildlife Act to apply to Aboriginals.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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