R v Badger

R v Badger
Supreme Court of Canada
Hearing: May 1 and 2, 1995 Judgment: April 3, 1996
Full case name	Wayne Clarence Badger v. Her Majesty the Queen; Leroy Steven Kiyawasew v. Her Majesty the Queen; Ernest Clarence Ominayak v. Her Majesty the Queen
Citations	[1996] 1 S.C.R. 771
Docket No.	23603[1]
Prior history	Judgment for the Crown in the Court of Appeal for Alberta.
Ruling	Badger and Kiyawasew: appeal dismissed. Ominayak: appeal allowed.
Holding
When interpreting a treaty, the following principles apply: A treaty is a solemn promise between the Crown and the various Indian nations. The Crown must be assumed to intend to fulfil its promises, and no appearance of "sharp dealing" will be tolerated. Any ambiguities or doubtful expressions must be resolved in favour of the Indians, any limitations on the rights of Indians must be narrowly construed. The onus of establishing proof of the extinguishment of a treaty or aboriginal rights lies upon the Crown.
Court membership
Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major
Reasons given
Majority	Cory J., joined by La Forest, L'Heureux‑Dubé, Gonthier and Iacobucci JJ.
Concurrence	Sopinka J., joined by Lamer C.J.
McLachlin and Major JJ. took no part in the consideration or decision of the case.

R v Badger, [1996] 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.