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...
The judiciary often hears aboriginal law cases in the context of a dispute with the Crown. Yet consider what would happen if the dispute was multi-jurisdictional: Could one province’s judiciary...
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...
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...
