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: Constitutional law
The GHG Reference and the Delegation of Legislative Power: A New Direction?
Embedded deep within the Supreme Court of Canada’s landmark Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 [GHG Reference] is an interesting and possibly very significant development in...
R v Hilbach: SCC to Hear Constitutional Challenge to Mandatory Minimum Sentence for Firearm Offence
This month, the Supreme Court of Canada (“SCC”) granted leave to appeal from a decision of the Alberta Court of Appeal (“ABCA”), which found that the mandatory minimum sentences for...
A Matter of National Concern: SCC Rules Parliament’s Greenhouse Gas Pollution Pricing Act is Constitutional
“Climate change is real. It is caused by greenhouse gas emissions resulting from human activities, and it poses a grave threat to humanity’s future” (Reference re Greenhouse Gas Pollution Pricing...
