The McLachlin Era: A Retrospective (Part II)
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have...
Tagged: Aboriginal Law
Supreme Court of Canada Affirms Modern Treaties Must Be Honoured
On December 1, 2017, the Supreme Court of Canada (“SCC”) released First Nation of Nacho Nyak Dun v Yukon, 2017 SCC 58 [Yukon], an important decision concerning the interpretation of...
Ktunaxa Nation v British Columbia (Part 2): On Review and Consultation
Part 1 of TheCourt.ca’s coverage of Ktunaxa v BC covered the decision’s contribution to freedom of religion jurisprudence. In part 2, I ask: What does an obscure snowy mountain in...
Considering the Role of Regulatory Bodies in Satisfying the Crown’s Duty to Consult: Chippewas of the Thames v Enbridge; Clyde River v Petroleum Geo-Services.
On July 26, 2017, the Supreme Court of Canada (“SCC”) released two decisions, Clyde River (Hamlet) v Petroleum Geo-Services Inc., 2017 SCC 40 [Clyde River] and Chippewas of the Thames...
