R v Desautel: Aboriginal peoples outside of Canada may hold rights under s 35(1)
On April 23, 2021, a majority of the Supreme Court of Canada held in R v Desautel, 2021 SCC 17 [Desautel] that “the aboriginal peoples of Canada,” who hold rights...
Category: Aboriginal Law
SCC Grants Leave to Appeal for Beaver Lake Cree Nation’s Advanced Legal Cost Claim in Anderson v Alberta (Attorney General)
In the last three decades, Indigenous nations have increasingly chosen to address systemic injustices facing their communities through litigation. However, as many Aboriginal law cases are complex and novel in...
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...
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...
