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: Constitutional law
SCC Dismisses BC Government’s Appeal and Secures Legal Win for Trans Mountain
On January 16, a reference panel of Supreme Court Justices dismissed the appeal of the British Columbia Court of Appeal’s (“BCCA”) decision in Reference re Environmental Management Act, 2019 BCCA...
G v Ontario: Will the SCC balance the scales for sex offences and NCR accused?
Is it fair and just for people charged with sexual offences and found Not Criminally Responsible by Reason of Mental Disorder (“NCR”) and then later given an absolute discharge to...
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...
