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R v Pamajewon
''R v Pamajewon'', () 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.
==Background==
The First Nations of Shawanaga and Eagle Lake passed laws enabling high-stakes gambling to take place on the reserves. The laws were not validly enacted under the ''Indian Act'', however, the bands justified the laws as an exercise of their power of self-government. The bands were charged for keeping a common gaming house under the ''Canada''.
The issue before the Court was whether the right to control high-stakes gambling was protected under section 35(1) of the ''Constitution Act, 1982''. The claimants argued that gambling was a part of their distinct identity in a similar way as fishing and hunting. The Court of Appeal disagreed with the bands and found that the right to gambling was not protected under section 35(1) because it failed to meet the criteria set forth in the ''Van der Peet'' test.
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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