ARTICLE · 13 JUNE 2024

Exploring A Generic Aboriginal Right To Economic Development, As Articulated In White And Montour

Woodward & Company

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In Montour, Mohawks of Kahnawa:ke members, White and Montour, were convicted for importing tobacco without paying taxes required under the federal Excise Act.

CanadaGovernment, Public Sector

Stephanie Axmann

In the third article of our firm's four-part series on the landmark decision of the Quebec Superior Court (QCSC) in Montour[1], we explore the significance of the Court's findings of a generic Aboriginal right to pursue economic development.

Montour marks an 'abrupt' departure from Van der Peet

In Montour, Mohawks of Kahnawa:ke members, White and Montour, were convicted for importing tobacco without paying taxes required under the federal Excise Act.² They argued the Act violated their Aboriginal and treaty rights under the historic Covenant Chain treaty. The QCSC agreed, and in reaching its conclusion, Justice Bourque recognized a collective s. 35(1) Aboriginal right to pursue economic development, and a treaty right to discuss tobacco trade issues with the Crown. The Court held that Canada illegally interfered with these rights and ordered a permanent stay of the charges.

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