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...
Tagged: Aboriginal rights
Her Majesty the Queen v Richard Lee Desautel: Indigenous Rights, Transitory Peoples, and National Borders
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...
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...
Ktunaxa Nation v British Columbia (Part 1): Religious Freedom and Objects of Worship
On November 2 the Supreme Court of Canada (SCC) released its much-awaited decision on the matter of Ktunaxa Nation v British Columbia (Forests, Land and Natural Resource Operations). In today’s...
