The Legacy of R v Sparrow
In May of this year, thirty years will have passed since R v Sparrow, [1990] 1 SCR 1075 [Sparrow] was released. Sparrow was the first decision to apply section 35 of...
Category: Aboriginal Law
SCC Dismisses BC Government’s Appeal and Secures Legal Win for Trans Mountain
On January 16, a reference panel of Supreme Court Justices dismissed the appeal of the British Columbia Court of Appeal’s (“BCCA”) decision in Reference re Environmental Management Act, 2019 BCCA...
Book Review: Peace and Good Order
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...
Her Majesty the Queen v Richard Lee Desautel: Indigenous Rights, Transitory Peoples, and National Borders
Section 35(1) of the Constitution Act, 1982, recognizes and affirms existing Aboriginal and treaty rights. Section 35(2) defines “Aboriginal peoples of Canada” as being the “Indian, Inuit and Métis peoples...
