Regina v. Campbell

Regina v. Campbell

Applying Van der Peet, the court held that travel and communication for general cultural networking is not a practice, custom or tradition integral to the Okanagan Nation's distinctive culture and therefore does not constitute an aboriginal right protected by s.35; accordingly the appellant's defence failed and the conviction was upheld.

Citation
2000 BCSC 956
Parties
Respondent (plaintiff): REGINA; Appellant (defendant): NOEL EDWARD CAMPBELL
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 June 2000
Procedural Posture
Criminal Immigration Act Prosecution / Appeal From Conviction to Supreme Court of British Columbia (judgment)
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Section 35, Aboriginal Rights, Van Der Peet Test, Border Crossing, Defence of Aboriginal Right, Justification of Infringement
Source Language
English
Constitutional Law Aboriginal Law Immigration Law Criminal Law Section 35 Aboriginal Rights Van Der Peet Test Border Crossing +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

REGINA

Respondent (plaintiff)

NOEL EDWARD CAMPBELL

Appellant (defendant)

Procedural Posture

Criminal Immigration Act Prosecution / Appeal From Conviction to Supreme Court of British Columbia (judgment)

Legal Issues

  1. 1 Whether appellant falls within 'aboriginal peoples of Canada' under s.35
  2. 2 Whether appellant possessed an aboriginal right to cross the border for cultural gatherings
  3. 3 Whether the claimed activity is integral to the distinctive culture under the Van der Peet test

Ratio Decidendi

Applying Van der Peet, the court held that travel and communication for general cultural networking is not a practice, custom or tradition integral to the Okanagan Nation's distinctive culture and therefore does not constitute an aboriginal right protected by s.35; accordingly the appellant's defence failed and the conviction was upheld.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal from conviction dismissed.