Author Archives: Robert Hamilton
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
Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families
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
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
Is the Act respecting First Nations, Inuit and Métis children, youth and families Constitutional?
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
Yahey v British Columbia and the Clarification of the Standard for a Treaty Infringement
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