The Supreme Court of Canada (“SCC”) has dismissed the appeal in Saskatchewan (Environment) v Métis Nation, 2025 SCC 4 [Métis Nation]. A unanimous court found that proceedings for judicial review which raise similar issues to ongoing or past litigation do not inherently amount to an abuse of process. In doing so, the SCC has clarified the extent to […]
The recent decision Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40 divided the Supreme Court of Canada ("SCC"), resulting in an unclear way forward for Indigenous communities seeking to protect their Aboriginal and treaty rights during the legislative process. The case arises from the Mikisew Cree Nation’s application for judicial review of […]
Last November, the Supreme Court released one of its most anticipated cases in labour law, British Columbia Teachers’ Federation v British Columbia, 2016 SCC 49, also known as “BCTF.” In a surprising move, the Supreme Court delivered its judgment orally from the bench. The majority of the Supreme Court stated that they agree with Justice […]
In what is being called a “David and Goliath” face-off, a small Inuit town is fighting three multi-billion dollar energy companies to protect the marine life of the Baffin Bay from seismic testing. The town has seen support from Greenpeace, Amnesty International, the Green Party, and celebrities like Naomi Klein and Emma Thompson. Most of […]
The duty to consult is a constitutional obligation grounded in the honour of the Crown and entrenched in section 35 of our Constitution. This duty arises whenever conduct may adversely affect Aboriginal rights or title. The content of this duty has continued to be fleshed out since its articulation in Haida Nation v British Columbia […]
Ever since the Supreme Court of Canada confirmed the Crown's duty to consult with Aboriginal peoples in Haida Nation v British Columbia (Minister of Forests), [2004] 3 SCR 511, courts have been tasked with determining precisely when the duty is triggered, and against which government actors the duty applies. In Hupacasath First Nation v Canada […]