R v Desautel: Aboriginal peoples outside of Canada may hold rights under s 35(1)

On April 23, 2021, a majority of the Supreme Court of Canada held in R v Desautel, 2021 SCC 17 [Desautel] that “the aboriginal peoples of Canada,” who hold rights under s 35(1) of the Constitution Act, 1982 [Constitution], are the modern successors of those Aboriginal societies that occupied lands now referred to as Canada […]

A New Standard for the Limitations Clock in Grant Thornton LLP v. New Brunswick

For novice and expert lawyers alike, the rules surrounding limitation of actions can be confusing. Generally, statutes of limitation across Canada limit the commencement of claims to within two years of discovering the claim. However, the question of what it means for a claim to be discovered, and whether common law rules of discoverability should […]

Expulsion from Church Membership Not Justiciable, SCC Finds in Aga

On May 28, 2021, the Supreme Court of Canada (“SCC”) released a unanimous decision in the case of Ethiopian Orthodox Tewahedo Church of Canada St. Mary’s Cathedral v Aga, 2020 SCC 22 [Aga], which revolved around whether expulsion from a church could be reviewed by a court. Overturning the Ontario Court of Appeal (“ONCA”)’s decision, […]