Jeopardy clue: “The Constitution of this 150-year old country exists as “Schedule B” to an ordinary statute of another country.” Correct response: “What is Canada?”This is true of what has been for 35 years the most significant part of the Constitution of Canada, the Constitution Act, 1982, … [Read more...]
The Significance of the Charter in Canadian Legal History
The Canadian Charter of Rights and Freedoms is a bill of rights - a statement of rights and freedoms that was added to the Constitution in 1982.Looking Back2017 not only marks 150 years since the British North America Act, 1867 (better known today as the Constitution Act, 1867), came into being, … [Read more...]
An Indigenous Perspective to Canada’s 150th Birthday
This year, there are many celebrations for Canada’s 150th birthday. What we are really commemorating is the British North America Act 1867 (BNA Act 1867) which established our country’s Constitution. The BNA Act 1867 has since been renamed the Constitution Act 1982 after the repatriation of our … [Read more...]
The Statute of Westminster: A Stepping Stone towards Canadian Independence
British imperial history is replete with examples of declarations of independence, often accompanied by violent uprisings or civil conflict. One of the fundamental documents of Canadian independence was also a declaration, albeit of a different character and issued under very different … [Read more...]
The Rule of Law: Two Notable Supreme Court Decisions to Celebrate
The concept of the rule of law and the need to strictly comply with it is often presented with a flourish in legal and political debates. Canadians know that the rule of law is manifestly a good thing. We might, though, have some difficulty pinning it down. Surely, the growing recognition that … [Read more...]
The Evolution of Five Legal Doctrines in the Supreme Court of Canada
IntroductionLegislation is enacted, amended and repealed over time in response to improvements and changes in social currents. The common law also evolves in the same way as judges pronounce, tweak and elaborate and then occasionally over-rule their previous legal doctrines. A recent search … [Read more...]
Temporary Taxation? No End in Sight
Today, direct taxation is a course of action to build federal funds that has been in place for as long as most Canadians can remember. It has evolved from what was initially a ten-page statute to what is today over 2,500 pages and far too complex for the average Canadian to fully understand. … [Read more...]
Celebrating Anniversaries: A Year after CHRT’s Ruling on Discriminatory Funding of Welfare Services for First Nations Children
January 26, 2017 marked the first-year anniversary of the Canadian Human Rights Tribunal’s (“The Tribunal”) landmark decision regarding the issue of funding for child welfare services provided to First Nations children on reserve and in the Yukon. The complaint was filed in 2008 by the First Nations … [Read more...]
Aboriginal Child Protection and Dual Citizenship: Membership has its Benefits
In British Columbia, the Director representing the Ministry of Children and Family Development must notify the Aboriginal community (i.e. Indian Band) when there are child protection concerns such as removal of a child from their parents.Under the Child, Family and Community Services Act … [Read more...]
Envisioning an Indigenous Jurisdictional Process: A nehiyaw (Cree) Law Approach
Acknowledging Indigenous Laws and Legal OrdersIndigenous laws and legal orders are the first original laws of the land we now call “Canada” and have been in existence since time immemorial. However, the imposition of western colonial law(s), legal systems and policies upon Indigenous Peoples … [Read more...]
