What gives way first — Parliament’s power to control its own process, or Parliamentarians’ right to speak freely without fear of prosecution? The Supreme Court of Canada (“SCC”) will soon grapple with this question. It has granted leave [41336] to appeal the Court of Appeal for Ontario’s (“ONCA”) decision in Alford v Canada (Attorney General), 2024 ONCA […]
The Supreme Court of Canada (“SCC”) will soon comment on the compelling question of how far Crown immunity stretches. Having granted leave to appeal in Attorney General of Canada v Power, 2022 NBCA 14, the SCC will soon provide clarity as to whether or not the Crown can be held liable for damages for passing […]
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 […]