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Category Archives: Supreme Court of Canada
Supreme Court grants leave to appeal in Caron
Case considered: R. v. Caron, 2009 ABCA 34, leave granted by SCC August 27, 2009 The Supreme Court of Canada has released its decision on the Alberta government’s leave to appeal application in R. v. Caron. Chief Justice McLachlin and … Continue reading
Security Trumps Freedom of Religion for Hutterite Drivers
By: Jennifer Koshan PDF Version: Security Trumps Freedom of Religion for Hutterite Drivers Case Commented On: Alberta v Hutterian Brethren of Wilson Colony, 2009 SCC 37 The Supreme Court of Canada’s long awaited decision on whether Hutterites can be forced … Continue reading
Posted in Constitutional, Supreme Court of Canada
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Evidence of Amelioration: What Does Kapp Require of Governments Under s.15(2) of the Charter? What Will Courts Permit?
By: Jennifer Koshan PDF Version: Evidence of Amelioration: What Does Kapp Require of Governments Under s.15(2) of the Charter? What Will Courts Permit? Case Commented On: Cunningham v Alberta (Aboriginal Affairs and Northern Development), 2009 ABCA 53 Jonnette Watson Hamilton … Continue reading
Posted in Aboriginal, Constitutional, Supreme Court of Canada
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The End of Law: A New Framework for Analyzing Section 15(1) Charter Challenges
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
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The Crown has neither the power nor the duty to invest Indian monies: The use of legislation to limit trust duties
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
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