Updates on this page: 10
October 26, 2023
Limitations Legislation and Treaty Rights at the Supreme Court: First Peoples Law Report
In the following post, my colleague Kate Gunn summarizes the points raised in our submissions at the Supreme Court last week, where we had the privilege of representing the Treaty 8 First Nations of Alberta in their intervention in the Jim Shot Both Sides appeal. I hope you find it informative and helpful. You can also read it on...
October 6, 2023
Pekuakamiulnuatsh Takuhikan before the Supreme Court of Canada for a fair funding of Indigenous police forces
NationTalk: MASHTEUIATSH, QC, Oct. 6, 2023 – Pekuakamiulnuatsh Takuhikan is well determined to gain a true recognition of its police services while the process to obtain fair funding for its police force continues before the highest court in the country. The Supreme Court of Canada (SCC) has announced this morning that it will hear the...
March 16, 2023
In Brief: Jim Shot Both Sides, et al. v. His Majesty the King
In Brief: Jim Shot Both Sides, et al. v. His Majesty the KingBy Kate Gunn and Tyler SwanWhat it’s AboutThe Supreme Court of Canada will decide whether First Nations can be barred from bringing claims based on breaches of the Crown’s treaty obligations under provincial limitation periods. What happenedThe Blood Tribe brought an action against Canada for...
February 7, 2023
The Supreme Court of Canada granted leave to appeal in a case involving Treaty rights and limitations law
First Peoples Law Report Summary 40153 Jim Shot Both Sides, et al. v. His Majesty the King (Federal) (Civil) (By Leave) Keywords Aboriginal law – Treaty rights, Limitation of actions – Aboriginal law — Treaty rights — Treaty 7 — Breach of treaty as cause of action — Limitation of actions — Whether limitation periods...
February 5, 2023
Supreme Court to hear Charter appeal testing Indigenous residency rules
The Globe and Mail: Cindy Dickson was born and raised in Yukon’s northernmost community of Old Crow, but left for an education and job opportunities. Today, she is the founding director of an international forum in which eight countries address issues in the Arctic. And she wants to give back to Old Crow by running...
November 4, 2022
Native Women’s Association of Canada says Supreme Court decision undermines Gladue framework and perpetuates overincarceration of Indigenous women
NationTalk: OTTAWA – The following are remarks by Adam Bond, Manager of Legal Services for the Native Women’s Association of Canada (NWAC), following the release of the decision of the Supreme Court of Canada in the case of His Majesty the King in Right of Canada v. Cheyenne Sharma, to which NWAC was an intervenor:...
October 20, 2022
Supreme Court will not hear from St. Anne’s residential school survivors
OTTAWA – The Supreme Court of Canada said Thursday it will not to heara case of residential school survivors who have fought a years-long battle against Ottawa to release thousands of records. The group of survivors from St. Anne’s residential school in northern Ontario had looked to the country’s highest court after spending the last...
October 12, 2022
Supreme Court to hear case on whether Indigenous governments are subject to Charter scrutiny
NationTalk: The Canadian Constitution Foundation (CCF) has been granted leave to intervene in a landmark case dealing with the scope of section 25 of the Canadian Charter of Rights and Freedoms, and how this provision’s guarantee of rights for Indigenous people interacts with the Charter. Section 25 of the Charter provides that “[t]he guarantee in...
March 26, 2022
Is denial of conditional sentences for Indigenous people systemic racism? The Supreme Court will decide
The Toronto Star (Windspeaker.com) – The Supreme Court of Canada will be weighing the arguments it heard March 23 to determine whether the inability to make conditional sentencing available in some cases amounts to systemic racism for Indigenous offenders, infringing on their Charter rights. In 2012, the Criminal Code was amended through the Safe Streets...
February 17, 2022
Blood Tribe “Big Claim” statute of limitations appeal going to Supreme Court
Feb. 17, 2022: Aboriginal Law Report: Lethbridge NewsNow – In an update to the Big Claim appeal, the Blood Tribe will take the matter to the Supreme Court of Canada. The appeal was filed by the Canadian Government from the decision of the Federal Court, finding that the trial judge determined that under the terms of the Blackfoot...
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