Category: Procedural Law

Duty to Consult, Honour of the Crown, and Legislatures – An Unclear Way Forward for Indigenous Communities in Mikisew Cree First Nation v Canada (Governor General in Council)

The recent decision Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40 divided the Supreme Court of Canada (“SCC”), resulting in an unclear way forward for Indigenous communities...

R v Barton: Do “Rape Shield” Laws Apply in First Degree Murder Cases?

Author’s Note:  This article and the linked case discuss sexual violence and violence against women that may be upsetting to readers.   Introduction Myths and stereotypes about consent, women’s sexuality, and...