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Articles | Case Littlewood, Student Researcher | July 17, 2020
Duty to Consult with Whom?

Category: Aboriginal Rights, Constitutional Issues

When TC Energy began their work on the Coastal GasLink pipeline in 2012, few thought the project would ever become so contentious.[1] Since it began, the project has been the […]

Articles | Russell Green | July 30, 2019
Comparing Federal Government and Indigenous Perspectives on Self-Government Agreements

Category: Aboriginal Rights

Introduction: Agreements for Self-Government Indigenous peoples have lived in what is now Canada for thousands of years, governing themselves and developing unique legal orders. The Canadian state, with its colonial roots, has been slow to recognize this reality. However, there

Key Terms

Category: Aboriginal Rights

Through its mention in section 35 of the Constitution Act, 1982, the term “Aboriginal” has surged to heavy usage both in the legal sphere and in general Canadian English.[1] Aboriginal is an inclusive term, covering various peoples with ties to

Key Terms
Jordan’s Principle

Category: Federalism, Aboriginal Rights

What is Jordan’s Principle? Jordan’s Principle is a principle that puts First Nations children’s needs first.[1] The goal of the principle is to ensure that First Nations children can access public services that are available to all other children without denial

Key Terms
Duty to consult

Category: Aboriginal Rights

What is the duty to consult? The duty to consult is a constitutional obligation that the Crown (federal, provincial, and territorial governments) has towards Aboriginal peoples.[1] The duty arises when the Crown knows or should know of a potentially existing Aboriginal

Key Terms
Sui Generis

Category: Aboriginal Rights

Sui generis is a latin phrase used in many different contexts and is generally used when referring to something that possesses unique characteristics that are not easily categorized. In the context of Canadian Aboriginal law, sui generis is a legal term describing the

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