Category Archives: Constitutional

Grassy Narrows, Division of Powers and International Law

By: Nigel Bankes PDF Version: Grassy Narrows, Division of Powers and International Law Case commented on: Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48 This post discusses two issues arising from the Supreme Court’s decision in Grassy … Continue reading

Posted in Aboriginal, Constitutional, International Law | 2 Comments

What Does Radical Title Add to the Concept of Sovereignty?

By: Nigel Bankes and Jonnette Watson Hamilton PDF Version: What Does Radical Title Add to the Concept of Sovereignty? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Crown’s radical title plays a larger role in the … Continue reading

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The Importance of Location and Context to the Future Application of the Grassy Narrows Decision of the Supreme Court of Canada

By: Kirk Lambrecht Q.C. PDF Version: The Importance of Location and Context to the Future Application of the Grassy Narrows Decision of the Supreme Court of Canada Case commented on: Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC … Continue reading

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The Keewatin Case: “Taking up” Lands under Treaty 3

By: Jennifer Hocking PDF Version: The Keewatin Case: “Taking up” Lands under Treaty 3 Case commented on: Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48 On July 11, 2014, the Supreme Court of Canada issued its decision … Continue reading

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Curious Interactions between the Charter, Contempt Orders, and the Evolution of Section 1

By: Sarah Burton PDF Version: Curious Interactions between the Charter, Contempt Orders, and the Evolution of Section 1 Case commented on: Alberta v AUPE, 2014 ABCA 197 In Alberta v AUPE the Alberta Court of Appeal reviewed the validity of … Continue reading

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Private Health Insurance and Charter Section 7

By: Linda McKay-Panos  PDF Version: Private Health Insurance and Charter Section 7 Case discussed: Allen v Alberta, 2014 ABQB 184 Over the past few years, various courts across Canada have addressed the ambit of the Charter right to life, liberty … Continue reading

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The ‘Inherent Limit’ Post-Tsilhqot’in: Where Indigenous Law and Land-Use Planning Meet

By: Martin Olszynski PDF Version: The ‘Inherent Limit’ Post-Tsilhqot’in: Where Indigenous Law and Land-Use Planning Meet Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The focus of this post, the fourth in a series of ABlawg posts … Continue reading

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Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada

By: Sharon Mascher PDF Version: Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44  On June 26, 2014, the Supreme Court of … Continue reading

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Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867?

By: Nigel Bankes and Jennifer Koshan PDF Version: Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Delgamuukw decision of the Supreme … Continue reading

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“Arbitrary Disadvantage”: A Slip of the Pen or Something More?

By: Jennifer Koshan PDF Version: “Arbitrary Disadvantage”: A Slip of the Pen or Something More? Case commented on:McCormick v Fasken Martineau DuMoulin LLP, 2014 SCC 39 I have written several ABlawg posts on the test for discrimination under human rights … Continue reading

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