Part 1 of TheCourt.ca's coverage of Ktunaxa v BC covered the decision's contribution to freedom of religion jurisprudence. In part 2, I ask: What does an obscure snowy mountain in British Columbia have to do with a much less snowy, much more famed mountain in Jerusalem?
On July 26, 2017, the Supreme Court of Canada (“SCC”) released two decisions, Clyde River (Hamlet) v Petroleum Geo-Services Inc., 2017 SCC 40 [Clyde River] and Chippewas of the Thames First Nation v Enbridge Pipelines Inc., 2017 SCC 41 [Chippewas], that provided much needed clarification on the role of the National Energy Board (“NEB”) and […]
The Supreme Court of Canada heard arguments on December 1st about whether section 2a of the Charter – the provision that protects religious freedom in our country—could be extended to include an Aboriginal spiritual connection to land. This is the first time the Supreme Court will consider an Aboriginal religious freedom claim under the Charter. […]
For centuries, the Métis and non-status Indian populations of Canada have been lost in a “jurisdictional wasteland.” Both the federal and provincial governments swayed between legislating over the two groups at certain times and denying all constitutional responsibility at others. Not only did this seesaw deprive Métis and non-status Indian people of essential programs and […]
This month the British Columbia Court of Appeal (“BCCA”) handed down a decision in the case of an Aboriginal offender, David Jennings. The accused in R v Jennings, 2016 BCCA 127 had a violent criminal history involving repeated sexual offenses against children over the course of nearly 30 years. Central to the appeal was the […]
The duty to consult is a constitutional obligation grounded in the honour of the Crown and entrenched in section 35 of our Constitution. This duty arises whenever conduct may adversely affect Aboriginal rights or title. The content of this duty has continued to be fleshed out since its articulation in Haida Nation v British Columbia […]
The Metis and non-status Indians of Canada have fallen through the cracks of this country. Yesterday, the Supreme Court of Canada livestreamed their hearing of Harry Daniels v The Queen [Daniels], a case that may bring some relief to Canada’s “forgotten people” (in the words of Ian Cowie, one of the appellants’ witnesses). Daniels has […]