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 […]
In 1929, the creation of electrical power for Winnipeg, Manitoba resulted in the destruction of land, livelihood and community for a nearby Indigenous group. Nearly a century later, this government decision was the subject of a Supreme Court of Canada ruling. In Southwind v Canada, 2021 SCC 28 [Southwind], the question of equitable compensation — […]
On December 1, 2017, the Supreme Court of Canada (“SCC”) released First Nation of Nacho Nyak Dun v Yukon, 2017 SCC 58 [Yukon], an important decision concerning the interpretation of modern treaties and, in particular, the Crown’s obligations in land use planning processes established by Yukon Final Agreements. Although this case does not change the […]
Part 1 of TheCourt.ca's coverage of Ktunaxa v BC covered the decision's contribution to freedom of religion jurisprudence. In part 2, I ask: What does an obscure snowy mountain in British Columbia have to do with a much less snowy, much more famed mountain in Jerusalem?