R v Sparrow

R v Sparrow
Supreme Court of Canada
Hearing: November 3, 1988 Judgment: May 31, 1990
Full case name	Ronald Edward Sparrow v Her Majesty The Queen
Citations	[1990] 1 S.C.R. 1075, 70 D.L.R. (4th) 385, 4 W.W.R. 410, 56 C.C.C. (3d) 263, 3 C.N.L.R. 160, 46 B.C.L.R. (2d) 1
Docket No.	20311 [1]
Prior history	Judgment for the Crown in the Court of Appeal for British Columbia
Ruling	Appeal and cross appeal dismissed
Holding
The governments of Canada have a fiduciary relationship with Aboriginals under section 35 of the Constitution Act, 1982; any denial of Aboriginal rights under section 35 must be justified, and Aboriginal rights must be given priority
Court membership
Chief Justice: Brian Dickson Puisne Justices: William McIntyre, Antonio Lamer, Bertha Wilson, Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory
Reasons given
Unanimous reasons by	Dickson and La Forest

R v Sparrow, [1990] 1 S.C.R. 1075 was an important decision of the Supreme Court of Canada concerning the application of Aboriginal rights under section 35(1) of the Constitution Act, 1982. The Court held that Aboriginal rights, such as fishing, in existence in 1982 are protected under the Constitution of Canada and so they cannot be infringed without justification on account of the government's fiduciary duty to the Aboriginal peoples of Canada.