Category Archives: Constitutional

The End of Law: A New Framework for Analyzing Section 15(1) Charter Challenges

Posted on February 20, 2009 by Jonnette Watson Hamilton

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The End of Law: A New Framework for Analyzing Section 15(1) Charter Challenges Case Commented On: Ermineskin Indian Band and Nation v Canada, 2009 SCC 9 After the Supreme Court of … Continue reading →

Posted in Aboriginal, Constitutional, Oil & Gas, Supreme Court of Canada | 4 Comments

The Crown has neither the power nor the duty to invest Indian monies: The use of legislation to limit trust duties

Posted on February 20, 2009 by Nigel Bankes

Cases Considered: Ermineskin Indian Band and Nation v. Canada, 2009 SCC 9. PDF Version: The Crown has neither the power nor the duty to invest Indian monies: The use of legislation to limit trust duties The “money management” part of … Continue reading →

Posted in Aboriginal, Constitutional, Oil & Gas, Supreme Court of Canada | 2 Comments

Interim Costs Order Upheld in Language Rights Case

Posted on February 10, 2009 by Jennifer Koshan

Cases considered: R. v. Caron, 2009 ABCA 34. PDF Version:  Interim Costs Order Upheld in Language Rights Case Gilles Caron was awarded interim costs in relation to expert and legal fees for a language rights claim that was eventually allowed … Continue reading →

Posted in Access to Justice, Constitutional | 1 Comment

Challenging the Constitutionality and Applicability of the Sexual Offender Information Registry Act

Posted on February 6, 2009 by Jennifer Koshan

Cases Considered: R. v. Warren, 2008 ABCA 436; R. v. Schultz, 2008 ABQB 679; R. v. Owusu, 2008 ABQB 715. PDF Version: Challenging the Constitutionality and Applicability of the Sexual Offender Information Registry Act The Sex Offender Information Registration Act, … Continue reading →

Posted in Constitutional, Criminal, State Responses to Violence | Comments Off on Challenging the Constitutionality and Applicability of the Sexual Offender Information Registry Act

“Litigation by installments”: Further Developments in the Black Bear Crossing Dispute

Posted on January 26, 2009 by Jennifer Koshan

Cases Considered: Tsuu T’ina Nation v. Frasier, 2009 ABCA 23. PDF Version: “Litigation by installments”: Further Developments in the Black Bear Crossing Dispute As noted in a previous post, a February 2008 decision of the Alberta Court of Appeal effectively … Continue reading →

Posted in Aboriginal, Constitutional, Remedies | Comments Off on “Litigation by installments”: Further Developments in the Black Bear Crossing Dispute