The Sparrow Test: Justifying Infringements of Aboriginal or Treaty Rights
Category: Aboriginal Rights
“Equitable Compensation” for a Breach of the Crown’s Fiduciary Duty Towards First Nations
Category: Aboriginal Rights
R v Desautel: The Court Defined “Aboriginal peoples of Canada” – What Now?
Category: Aboriginal Rights, Constitutional Issues
R v Desautel: Who are the “Aboriginal Peoples of Canada”?
Category: Aboriginal Rights, Constitutional Issues
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 […]
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
Aboriginal
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
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
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
Treaty Rights
Category: Aboriginal Rights
‘Treaty rights’ are the rights that Aboriginal peoples have as a result of agreements they entered into with the French, British and Canadian governments, both prior to and after Confederation. These agreements include both the historic treaties, the last of