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''R v Badger'', () 1 S.C.R. 771 is a leading Supreme Court of Canada decision on the scope of aboriginal treaty rights. The Court set out a number of principles regarding the interpretation of treaties between the Crown and aboriginal peoples in Canada. ==Background== Wayne Badger, Leroy Kiyawasew, and Ernest Ominayak were Cree and status Indians under the Treaty No. 8. They were each caught hunting for food on private land. Badger was caught near a farm house, Kiyawasew was caught in a farmer's field, while Ominayak was caught in a field of Muskeg. They were charged under the ''Wildlife Act''. 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. 8. The accused were convicted and the convictions were upheld on appeal. The issues before the Supreme Court were: # whether status Indians under Treaty No. 8 have the right to hunt for food on privately owned land which lies within the territory surrendered under that Treaty. # whether the hunting rights set out in Treaty No. 8 have been extinguished or modified by the ''Natural Resources Transfer Agreement''. # the extent, if any, that sections 26(1) (requiring a hunting licence) and 27(1) (establishing hunting seasons) of the ''Wildlife Act'' applied to the accused. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「R v Badger」の詳細全文を読む スポンサード リンク
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