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Revisiting Aboriginal Title Part III: SCC Clarification in Tsilhqot’in Nation v British Columbia

This comment is the third in a series detailing the ongoing development of Aboriginal title in Canada. Part I and Part II focused on the British Columbia Court of Appeal decision William v British Columbia, 2012 BCCA 285 [William]. This third part aims to provide an exegesis and analysis of the Supreme Court’s resolution of the appeal from William in Tsilhqot’in Nation v British Columbia, 2014 […]

Revisiting Aboriginal Title Part II: An Alternative View of Sufficient Occupancy

This commentary is the second in a series detailing the ongoing development of Aboriginal title in Canada. It follows a discussion of the British Columbia Court of Appeal’s decision, and is drawn from a larger essay, available in full, on SSRN. Part I of this series rehearsed and critiqued the British Columbia Court of Appeal’s decision […]

Revisiting Aboriginal Title Part I: The BCCA and Sufficient Occupancy

This commentary is the first of several parts detailing the ongoing development of the doctrine of Aboriginal title in Canada. This first part is a condensed and informal version of a longer paper that treats these issues in much greater detail. The longer version, complete with citations, is available here.   A previous TheCourt.ca comment by […]

Expert Evidence of Police Officers and the Curative Proviso in R v Sekhon

Ajitpal Singh Sekhon attempted to drive a pickup truck across the border from Washington State into British Columbia on January 25, 2005. He was flagged for secondary inspection by Canadian customs officials, which led to the discovery of 50 one-kilogram bricks of cocaine – valued over $1.5 million – hidden inside a secret compartment in […]

Appeal Watch: Religiosity in Government to be Deliberated by SCC in MLQ v. City of Saguenay

Over the past couple of decades, there have been calls to remove God from Canada’s national anthem, ban the wearing of religious symbols by public servants in Quebec, and abolish the recitation of the Lord’s Prayer during town council meetings in Ontario. The Bouchard-Taylor Commission on reasonable accommodation in Quebec recommended that municipal councils abandon […]

Teva v Pfizer: How Viagra Allowed the SCC to Stiffen Patent Disclosure Requirements

Canadian patent law has undergone a number of significant developments throughout the past year, with numerous issues capturing the attention of the Supreme Court of Canada (SCC). In particular, the issue of disclosure has undergone a great deal of juridical scrutiny. Disclosure constitutes a fundamental tenet of patent law aimed at striking a balance between […]

What Does Justice Nadon’s Nomination Mean for the Supreme Court?

On September 30th, Prime Minister Stephen Harper announced his sixth nomination to the Supreme Court of Canada (SCC). His pick, Justice Marc Nadon, replaced Justice Morris Fish—a Chrétien appointee and accomplished criminal law jurist. Justices LeBel and Abella are the only remaining Liberal appointees, though Justice Rothstein was short-listed by a committee convened by the […]

Race, Gender, and Religion in the Courtroom: Three Critical Implications of R v NS – Part II

In Part II of this comment on R v NS, 2012 SCC 72, I raise two additional implications of the case related to equity, inclusion and fairness. B. Religion and Culture in Bite-Sized Chunks The reasoning of the majority decision presents an incomplete picture of Canadian history and obscures “made-in-Canada” xenophobia in a way that impacts all racialized and […]

Race, Gender, and Religion in the Courtroom: Three Critical Implications of R v NS – Part I

At first glance, R v NS, 2012 SCC 72 [NS], appears to be a case about the limits of religious accommodation in Canadian courtrooms. While this issue is a significant concern, what is equally important about this case is the insight it provides into the Court’s ability to adequately address issues of equity, inclusion, and […]

Too Much Water in the Garden? Vertical Stare Decisis in Bedford v Canada

Trial Decision Bedford v Canada, 2010 ONSC 4264, was a constitutional challenge to several Criminal Code provisions prohibiting operation of brothels, criminalizing persons who live on the avails of prostitution, and prohibiting public communication for the purpose of engaging in prostitution [s. 210, 212(1)(j) and 213(1)(c) of the Criminal Code, RSC 1985, c C-46]. Himel J. found that the impugned […]