R v Desautel: Aboriginal peoples outside of Canada may hold rights under s 35(1)
On April 23, 2021, a majority of the Supreme Court of Canada held in R v Desautel, 2021 SCC 17 [Desautel] that “the aboriginal peoples of Canada,” who hold rights...
Tagged: Aboriginal rights
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...
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...
