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ARTICLE · 29 NOVEMBER 2023

Quebec Court Finds UNDRIP Binding And A Universal Aboriginal Right To Economic Development

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On November 1, 2023, the Quebec Superior Court (Court) released R. c. Montour, which considered whether two First Nation-member defendants were criminally liable for importing substantial amounts...

CanadaGovernment, Public Sector
Arend Hoekstra
Arend Hoekstra
Aaron Cressman
Aaron Cressman
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On November 1, 2023, the Quebec Superior Court (Court) released R. c. Montour, which considered whether two First Nation-member defendants were criminally liable for importing substantial amounts of tobacco without paying duties under the Excise Act, 2001.1 R. c. Montour found that the defendants, as members of the Mohawks of Kahnawà:ke, were exempt from import taxes on tobacco under the Excise Act, 2001 based on the following:2

  • The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) should be given the same weight as a binding international instrument when interpreting section 35 of the Constitution Act, 1982 (Section 35);3
  • The test for Aboriginal rights, originally set out in the Supreme Court of Canada's (SCC) 1996 decision v. Van der Peet, must be updated and reformulated to reflect a more modern understanding of Indigenous rights and reconciliation, including those reflected in UNDRIP;4 and

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