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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

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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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Preliminary Thoughts on the Implications of the Children, Youth and Families Reference for the Lands Reserved Head of Section 91(24)

By: Nigel Bankes Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII). PDF Version: Preliminary Thoughts on the Implications of the Children, Youth and Families Reference for the … Continue reading

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What Did the Court Mean When It Said that UNDRIP “has been incorporated into the country’s positive law”? Appellate Guidance or Rhetorical Flourish?

By: Nigel Bankes and Robert Hamilton Case commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII). PDF Version: What Did the Court Mean When It Said that UNDRIP “has … Continue reading

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The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples

By: Robert Hamilton Case Commented on: Reference re Impact Assessment Act, 2023 SCC 23 (CanLII)  PDF Version: The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples In the Reference re Impact Assessment Act, 2023 … Continue reading

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