ABSTRACT

Section 88 (originally s 87)87 was enacted as part of the 1951 amendments to the Indian Act. What was Parliament’s intention when s 88 of the Indian Act was enacted?88 From the debate relating to the 1951 amendments in the House of Commons, it appears that s 88 was designed to ensure that Indian treaty rights in relation to hunting and fishing were preserved from interference by provincial laws.89 If this was Parliament’s intention, then s 88 would be a restatement of the then current law.90 When s 88 was introduced, legal authority indicated that Indians could hunt freely on reserves without provincial interference, and could hunt off reserves in accordance with treaty rights, with provincial legislation,91 or with the Natural Resources Transfer Agreements.92 It

87 Statutes of Canada, 1951 c 29, s 87. See generally Leslie J and Maguire R (eds), The Historical Development of the Indian Act, 2nd edn, 1978, Ottawa: Treaties and Historical Research Centre, Research Branch, Corporate Policy, Indian and Northern Affairs Canada.