Aboriginal law is a diverse and complex topic, which encompasses issues such as land claims, hunting and fishing rights, residential school settlements and self-government, among others. This article outlines some of the key legal documents, useful Internet sites, databases and other resources … [Read more...]
Viewpoint 38-6: A Bench Mark case indeed!
Just as we were preparing the final touches to this issue of LawNow, my editorial assistant reminded me that we did not have a Viewpoint column. Perhaps I can blame the lead-up to summer time that this omission had slipped my notice. However, we were handed a gift by the Supreme Court of Canada on … [Read more...]
Aboriginal Children and Child Welfare Policies
Although nearly everyone has heard the term, “Residential Schools,” it would appear that few really have a proper comprehension of the cruel realities and shame of Canada’s collective history. With its origins in “civilizing the ‘petits sauvages’” [1] for the purpose of serving as wives and mothers … [Read more...]
The Indian Act – Exemption from Taxation
The Canada Revenue Agency notes on its website that “We recognize that many First Nations people in Canada prefer not to describe themselves as Indians. However, we use the term Indian because it has a legal meaning in the Indian Act.” For the same reason, the author uses the term in this … [Read more...]
Indian Residential Schools: A Chronology
This chronology was compiled to convey, by historic milestones, how the Indian Residential School system came to be, how it embodied attitudes of its time, how critics were dismissed, and how, finally, the deep harm it did to many members of generations of Indian children was exposed in the course … [Read more...]
The Whatcott Case: Balancing Free Speech and Social Harmony
Introduction: a Clash of Rights The freedoms of conscience, religion, thought, belief, opinion and expression comprise some of our “fundamental freedoms” listed in section 2 of the Charter of Rights and Freedoms. They assure the free exchange of ideas, the practice of one’s faith, the development … [Read more...]
Supreme Court Reins in Social Credit
The Reference Re Alberta Statutes case of 1938 (Reference Re Alberta Statutes - The Bank Taxation Act; The Credit of Alberta Regulation Act; and the Accurate News and Information Act, [1938] SCR 100 ) has been written about elsewhere but this monumental decision of the Supreme Court continues to … [Read more...]
The Increasing Importance of Reference Decisions in Canadian Law
Over the past several years, there have been a number of very significant reference decisions that have and will affect Canada’s legal landscape. A reference case is different than a regular civil or criminal case that involves litigating parties. In a reference, the federal or provincial … [Read more...]
Landmark Cases: Cases which have changed the Legal and Social Landscape of Canada
Judgments may constitute landmark decisions in the social context of their time such as the Persons Case (Edwards v. Canada (Attorney General), 1930 ) — where the Privy Council determined that women were eligible to be appointed to the Senate — but may not seem so very startling to our modern … [Read more...]
Bench Press 38-5: Habeas Corpus in Modern Times
The Supreme Court of Canada has ruled unanimously in favour of a federal penitentiary prisoner who challenged a prison warden’s decision to transfer him from medium to maximum security. Gurkipal Khela used the ancient writ of Habeas Corpus: the right to go before a court to challenge his or her … [Read more...]
