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ARTICLE · 16 JANUARY 2024

R. v. Montour: A Drastic Shift In Indigenous Rights Jurisprudence

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On November 1, the Honourable Sophie Bourque of the Superior Court of Québec handed down a decision that will have a huge impact on Indigenous law in the case of R. c. Montour.

CanadaGovernment, Public Sector
Caroline Briand
Caroline Briand
Julie Paré
Julie Paré
Geneviève Claveau
Geneviève Claveau
Jeanne Pérès
Jeanne Pérès
Thomas Stelmazuk-Côté
Thomas Stelmazuk-Côté
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On November 1, the Honourable Sophie Bourque of the Superior Court of Québec handed down a decision that will have a huge impact on Indigenous law in the case of R. c. Montour. This decision marks a major paradigm shift in how the relationship between the Crown and Indigenous peoples is conceived; it has also upset Canada's constitutional order.

Our team has put together an overview of several important matters addressed in this decision.

Overview

Mr. White and Mr. Montour, both members of the Mohawk Nation of Kahnawà:ke, (the "Accused-Applicants") were charged under the Excise Act, 20011 ("EA 2001") with failing to pay taxes on large quantities of tobacco imported from the United States and subsequently faced a jury trial.

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