McDiarmid Lumber v God's Lake First Nation
"The first alternative is to perpetuate what RCAP calls a national embarrassment. The other alternative is for the public to pay twice. Neither is palatable public policy. In my view, Parliament cannot have intended an interpretation of s.90(1)(b) that creates such a Hobson's choice" (Justice Binnie, dissenting, para 149). In the recently released decision McDiarmid Lumber […]