MAY 24, 1990

R. v. KONRAD SIOUI DECISION—CANADA’S SUPREME COURT UPHOLDS WENDAT-HURON TRADITIONAL CUSTOMS RELIGIOUS PRACTICES UNDER 1740 TREATY

Konrad Sioui, hereditary chief of Wendat-Huron band on the Lorette Indian Reserve, and others were convicted by the Court of Sessions of the Peace of cutting down trees, camping & making fires in Jacques-Cartier Park in violation of the Quebec Parks Act.  The respondents, appealing to the Superior Court, admitted to the acts charged, but asserted that they were practicing ancestral customs & religious rites protected under a 1760 Huron-British Treaty which, under Section 88 of the Indian Act, exempted them from compliance with the Act. The Treaty guaranteed the Hurons free exercise of religion & customs. In 1760, the Hurons at Lorette made regular use of the territory of the park. The Superior Court dismissed the appeal. The Court of Appeal reversed this judgment. The Attorney General of Quebec then appealed to the Supreme Court which upheld the Court of Appeal stating that treaties between the Crown and First Nations are international agreements entered into between sovereign nations.

Sources:
 “Konrad Sioui, Haskan, Huron-Wendat, 1953-,” Native Leaders of Canada. Retrieved 11/5/2021, Native Leaders of Canada - Konrad Sioui Haskan (newfederation.org)
R. v. Sioui, 1990 CanLII 103 (SCC), [1990] 1 SCR 1025. Retrieved 11/5/2021, 1990 CanLII 103 (SCC) | R. v. Sioui | CanLII
Photo:  Arctic Gnome, 7/30/2005.  Permissive Use.