In Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 [PT], the Supreme Court of Canada (“SCC” or the “Court”) developed a test to determine when contracts between the state and Indigenous entities engage the honour of the Crown. Applying this test to tripartite agreements between Canada, Quebec, and the Pekuakamiulnuatsh First Nation, the Court found Quebec liable […]
At first glance, R v Carson, 2018 SCC 12 [Carson] is a criminal law case concerning the interpretation of section 121(1)(d) of the Criminal Code, RSC 185, c C-46 [Criminal Code]. However, the dissent in Carson reveals an important critique of Canada’s relationship with Indigenous peoples. The narrow reading of section 121(1)(d) of the Criminal Code grants First […]
Kahkewistahaw First Nation v Taypotat, 2015 SCC 30, is the Supreme Court of Canada’s ("SCC") most recent decision on equality. Coming in at a brief 35 paragraphs, this decision does not alter the law of section 15 of the Charter in any substantial way. Using the test laid out in Quebec v A, [2013] 1 SCR 61, Justice Abella […]
