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7 Indigenous L.J. 1 (2008-2009)

handle is hein.journals/ilj7 and id is 1 raw text is: R. v. Morris: A Shot in the Dark and Its Repercussionst KERRY WILKINS* I THE SCOPE OF THE TSARTLIP TREATY RIGHT TO HUNT 4 H THE LEGITIMATE REACH OF PROVINCIAL LEGISLATION 10 Division of Powers: The Limits of Provincial Legislative Authority 11 Interjurisdictional Immunity 11 Shielding Treaty Rights from Provincial Interference 13 Then What Happened: Canadian Western Bank and Lafarge 18 What This Means 23 Section 88 of the Indian Act 26 ImI SOME CONSEQUENCES 31 IV A FINAL, UNEXPLORED ISSUE 35 V CONCLUSION 37 The Supreme Court's decision in R. v. Morris, [2006] 2 9 C.R 915, 2006SCC 59, which upheld and enforced the treaty right of Tsartlip hunters to hunt safely at night with lights, is important for the practical consequences of its somewhat surprising doctrinal pronouncements. By rejecting the assumption that hunting at night is inherently dangerous, it converted what many thought would be an all or nothing issue into a matter for case-by-case t Editors' Note: This paper was published pursuant to invitation and was not subject to double- blind peer review. The ILl will invite one author each year to provide commentary on a recent major case, usually a decision of the Supreme Court of Canada. In Volume 6, Number 2, John McEvoy discussed R. v. Sappier, R v. Gray. We thank Mr. Kerry Wilkins for providing the following comment on R v. vMois for Volume VII. * Kery Wilkins is a Toronto lawyer and, in 2008-09, an adjunct professor at the University of Toronto Faculty of Law. Special thanks to Kent McNeil for helpful comments on an earlier draft and for giving me pre-publication access to relevant recent work of his own. Indigenous Law JournalNolume 7/Issue 1/2008

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