In Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 [PT], the Supreme Court of Canada (“SCC” or the “Court”) developed a test to determine when contracts between the state and Indigenous entities engage the honour of the Crown. Applying this test to tripartite agreements between Canada, Quebec, and the Pekuakamiulnuatsh First Nation, the Court found Quebec liable […]
“No matter where we are in society, no matter how far we move up, we always have to remember where we come from.” - Michelle O’Bonsawin (The Globe and Mail, August 2022) Introduction On September 1st, 2022, Michelle O’Bonsawin was sworn into office at the Supreme Court of Canada (“SCC”). Justice O’Bonsawin was appointed by […]
In 1850, the Anishinaabe of the upper Great Lakes agreed to share their vast territory in exchange for hunting and fishing rights, as well as an annual payment (“annuity”) from the Crown. The Crown promised that the annuities could increase over time so long as resource development in the area proved profitable. Mining and forestry […]
In 1929, the creation of electrical power for Winnipeg, Manitoba resulted in the destruction of land, livelihood and community for a nearby Indigenous group. Nearly a century later, this government decision was the subject of a Supreme Court of Canada ruling. In Southwind v Canada, 2021 SCC 28 [Southwind], the question of equitable compensation — […]
Peace and Good Order: The Case for Indigenous Justice in Canada by Harold R. Johnson McClelland & Stewart, 160 pages, $24.75 Peace and Good Order is part autobiographical tale of Harold R. Johnson’s life as an Indigenous Crown prosecutor and part scathing indictment of Canada’s criminal justice system. It is a timely and provocative read […]
On December 1, 2017, the Supreme Court of Canada (“SCC”) released First Nation of Nacho Nyak Dun v Yukon, 2017 SCC 58 [Yukon], an important decision concerning the interpretation of modern treaties and, in particular, the Crown’s obligations in land use planning processes established by Yukon Final Agreements. Although this case does not change the […]
Every so often, a legal dispute--not (yet) at the Supreme Court, but winding its way through the system--captures the attention of the Canadian public. When this happens, it is not because of the specific legal issue posed and addressed (although obviously this is a component), but because the specific facts of the case attract a […]