Sparrow Test
Alberta
The courts have identified a number of factors that are relevant in defining aboriginal rights. These factors are sometimes referred to as the “Sparrow test”.
. . . . .
The phrase “Sparrow test” should be reserved for “justification” of breaches [of aboriginal rights].
R. v. Lefthand | (westlaw Canada)
2007 CarswellAlta 850 at para. 81, 99 | (Westlaw Canada)
Slatter J.A.