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Alberta v. Cunningham: The Substantive Power of Section 15(2)

Earlier this summer, Chief Justice McLachlin, for a unanimous Supreme Court of Canada, rejected a constitutional equality claim brought by a group of claimants from the Peavine Métis Settlement in Alberta. The decision offers a particularly powerful demonstration of how ss. 15(1) and 15(2) of the Canadian Charter of Rights and Freedoms work together to […]

Bastien Estate and Dube -- Taxation of Income of Registered Indians

The Supreme Court of Canada has overturned a long line of Federal Court of Appeal cases that had held that registered Indians who earned interest from investments held in financial institutions located on reserve were liable for tax. On the face of it, the decisions of the Federal Court seemed to directly contradict section 87 […]