R v Badger

The Court set out a number of principles regarding the interpretation of treaties between the Crown and aboriginal peoples in Canada.

Wayne Badger, Leroy Kiyawasew, and Ernest Ominayak were Cree and status Indians under the Treaty No.

At trial the three accused argued that they were entitled to hunt as part of their aboriginal treaty rights.

The Crown argued that the Natural Resources Transfer Agreement of 1930 had extinguished the rights granted by Treaty No.

On this basis, the appeals for Badger and Kiyawasew must be dismissed as they were hunting where it was visibly incompatible with the land use.