R v Qiyuk et al.

canada, canadian, case law, court opinion, canlii, nuca, 2025nuca6, 2025 nuca 6 (canlii), 2025, nuca, 6, (canlii), 18-24-005-cas, 2025, indigenous peoples, traditional hunting rights, section 35 of the constitution act, 1982, mandatory driving prohibition under section 320.24(1) of the criminal code, does the prohibition infringe on inuit rights to hunt for sustenance and cultural purposes?, insufficient evidence to establish a meaningful diminution of rights, framework for assessing section 35 claims in the context of modernized traditional practices, criminal procedure, charter of rights, section 7, liberty and security of the person, mandatory driving prohibition under section 320.24(1) of the criminal code, does the prohibition infringe liberty or security of inuit sustenance hunters?, no evidence of significant interference with fundamental life choices, principles of fundamental justice upheld, criminal procedure, charter of rights, section 12, cruel and unusual punishment, mandatory driving prohibition under section 320.24(1) of the criminal code, does the prohibition constitute cruel and unusual punishment for inuit sustenance hunters?, no grossly disproportionate impact demonstrated, framework for assessing section 12 claims, criminal procedure, charter of rights, section 15, equality rights, mandatory driving prohibition under section 320.24(1) of the criminal code, does the prohibition create a discriminatory distinction against inuit sustenance hunters?, no prima facie case of disproportionate effect or perpetuation of disadvantage, test for section 15 discrimination claims, constitution, judicial authority, declaratory jurisdiction, sentencing judge’s power to issue declarations of constitutional inconsistency, does a summary conviction court have jurisdiction to make broad declarations of law?, superior court jurisdiction under section 573(2) of the criminal code, limits on declaratory power in criminal proceedings