section 35
The Legacy of R v Sparrow
In May of this year, thirty years will have passed since R v Sparrow, [1990] 1 SCR 1075 [Sparrow] was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 [Constitution], recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. From the beginning, s. 35 was viewed as […]
The McLachlin Era: A Retrospective (Part II)
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have been possible. This is the second part of a two-part post. Part I offered some insight into the scope and identity of the McLachlin Court, as […]
Live From the SCC: Ktunaxa Nation v Minister of Forests, Lands, Natural Resource Operations
The Supreme Court of Canada heard arguments on December 1st about whether section 2a of the Charter – the provision that protects religious freedom in our country—could be extended to include an Aboriginal spiritual connection to land. This is the first time the Supreme Court will consider an Aboriginal religious freedom claim under the Charter. […]