R v Lloyd: Opening the Door for Reform and Challenges to Mandatory Minimums
Two recent decisions of the Supreme Court of Canada (“SCC”) were the subject of significant media attention this past spring. R v Lloyd, 2016 SCC 13 [Lloyd] and R v...
Monthly Archive: October 2016
Musqueam Indian Band v Musqueam Indian Band (Board of Review): Supreme Court of Canada Considers First Nations’ Right to Tax Golf Course Based on its Value as Residential Land
“Canada has never come to terms with First Nations people and our special place within the fabric of this country.” – Doug Cuthand The recent Supreme Court of Canada (“SCC”)...
Daniels v Canada : Out of the Wasteland, Into the Fray
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...
KRJ: A New Way to Understand “Punishment” and the Crown’s Justificatory Burden
The Court’s decision in KRJ this summer provides a new test for “punishment” under s 11(i) of the Charter. While the Supreme Court of Canada’s new test better reflects the...
