Category Archives: Aboriginal

Gladue Factors: Still Not a “Race-Based Discount”

By: Amy Matychuk PDF Version: Gladue Factors: Still Not a “Race-Based Discount” Case Commented On: R v Matchee, 2019 ABCA 251 In R v Matchee, Justices Patricia Rowbotham, Ritu Khullar, and Dawn Pentelechuk of the Alberta Court of Appeal (ABCA) overturned … Continue reading

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In Pausing Taseko’s New Prosperity Mine Exploration Program BCCA Recognizes Unsettled Questions Relating to the Duty to Consult; Consent and Justification Analysis and Proven Aboriginal Rights

By: Sharon Mascher PDF Version: In Pausing Taseko’s New Prosperity Mine Exploration Program BCCA Recognizes Unsettled Questions Relating to the Duty to Consult; Consent and Justification Analysis and Proven Aboriginal Rights Case Commented On: William v British Columbia (Attorney General), 2019 BCCA … Continue reading

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Turning a Blind Eye? The Scope of the Charter Right to a Representative Jury

By: Amy Matychuk PDF Version: Turning a Blind Eye? The Scope of the Charter Right to a Representative Jury Case Commented On: R v Newborn, 2019 ABCA 123 (CanLII) In R v Newborn, Justices Frans Slatter, Ritu Khullar, and Barbara Lea Veldhuis … Continue reading

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UN Human Rights Committee Rules Indian Act is Discriminatory in McIvor Case

By: Elysa Darling and Drew Lafond PDF Version: UN Human Rights Committee Rules Indian Act is Discriminatory in McIvor Case Decision Commented On: Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 2020/2010 *Note … Continue reading

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Bill C-88 Will Finally Eliminate the MVRMA “Superboard” … But Where’s the Rest?

By: David V. Wright PDF Version: Bill C-88 Will Finally Eliminate the MVRMA “Superboard” … But Where’s the Rest? Bill Commented On: Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and … Continue reading

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