R v Pamajewon

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.

The First Nations of Shawanaga and Eagle Lake passed laws enabling high-stakes gambling to take place on the reserves.

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.

He stated that "assuming without deciding that s. 35(1) includes self-government claims", the existence of a right to gambling must be analysed using the test from R v Van der Peet.