Author Archives: Robert Hamilton

About Robert Hamilton

BA (St. Thomas University), JD (University of New Brunswick); LLM (York University); PhD (University of Victoria). Associate Professor.

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

Posted on February 28, 2024 by Robert Hamilton

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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Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

Posted on February 20, 2024 by Robert Hamilton

By: Robert Hamilton Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII) (“SCC Reference”). PDF Version: Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting … Continue reading →

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

Posted on October 25, 2023 by Robert Hamilton

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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Is the Act respecting First Nations, Inuit and Métis children, youth and families Constitutional?

Posted on April 28, 2022 by Robert Hamilton

By: Robert Hamilton PDF Version: ­­Is the Act respecting First Nations, Inuit and Métis children, youth and families Constitutional?  Case Commented On: Reference to the Court of Appeal of Quebec in relation with the Act respecting First Nations, Inuit and Métis … Continue reading →

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Yahey v British Columbia and the Clarification of the Standard for a Treaty Infringement

Posted on September 24, 2021 by Robert Hamilton

By: Robert Hamilton & Nick Ettinger  PDF Version: Yahey v British Columbia and the Clarification of the Standard for a Treaty Infringement Case Commented On: Yahey v British Columbia, 2021 BCSC 1287 (CanLII) On June 29, 2021, the Supreme Court of British … Continue reading →

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