R. v. Morris [2006] 2 SCR 915

The Tsartlip Band of the Saanich Nation on Vancouver Island has a treaty right (Period 5 above) to hunt for food at night using lights, as long as this is done safely. This right can be exercised using modern equipment, such as rifles and electric lamps. Treaty rights are within the core of federal jurisdiction over "Indians, and Lands reserved for the Indians" in section 91(24) of the Constitution Act, 1867 (Period 6 above), and so provincial laws cannot apply of their own force to infringe treaty rights to hunt for food. Nor can provincial laws of general application be referentially incorporated into federal law by section 88 of the Indian Act so as to infringe treaty rights, as section 88 explicitly subjects the application of provincial laws to treaties. In Tsilhqot'in Nation v. British Columbia (2014) and Grassy Narrows v. Ontario (Natural Resources) (2014), the Supreme Court decided that, to the extent that R. v. Morris held that Aboriginal and treaty rights are within the core of federal jurisdiction and therefore protected by the doctrine of interjurisdictional immunity, it should no longer be followed.