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Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 – Case Summary

In Ktunaxa Nation v. British Columbia (Minister of Forests, Lands and Natural Resource Operations), 2017 SCC 54, the Supreme Court of Canada (“SCC” or the “Court”) decided that Qat’muk, a place of spiritual significance for the Ktunaxa Nation (the “Ktunaxa”), was not protected by the s. 2(a) Charter right to freedom of religion. With this decision, […]

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Descheneaux v. Canada, 2015 QCCS 3555 – Case Summary

This decision of the Quebec Superior Court considered the registration provisions of the Indian Act (the “Act”) that continue to unfairly discriminate against Indian¹ women and their descendants and limit their ability to pass on Indian status, as compared to Indian men and their descendants. On August 3, 2015, the Court in Descheneaux declared sections 6(1)(a), […]

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First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada) 2016 CHRT 2 – Case Summary

On January 26, 2016, the Canadian Human Rights Tribunal (the “Tribunal”) handed down its long-awaited decision concerning Canada’s funding of child welfare services to First Nations.  The complaint, which was brought forward by the advocate Cindy Blackstock of First Nations Child and Family Caring Society and the Assembly of First Nations (“AFN”), alleged that Canada […]

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Kahkewistahaw First Nation v. Taypotat 2015 SCC 30 – Case Summary

The Supreme Court of Canada (“SCC”) in Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30, has emphasized that individuals challenging First Nations’ laws for failing to comply with the equality provision in the Charter will have to bring forward specific evidence of the law’s discriminatory effects. The SCC concluded that in this case there was […]

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R. v. Kokopenace, 2015 SCC 28 – Case Summary

In R. v. Kokopenace, 2015 SCC 28, the Supreme Court of Canada (“SCC”) was called on for the first time to determine what efforts Provinces must make to ensure that a jury is actually “representative.” This raised the related questions of how representativeness should be defined and what role it should play in the rights […]

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