Exploring Theme: "Directive on Civil Litigation"

This Directive promotes our Government’s commitment to reconciliation by establishing guidelines that every litigator must follow in the approaches, positions, and decisions taken on behalf of the Attorney General of Canada in the context of civil litigation regarding section 35 of the Constitution Act, 1982 and Crown obligations towards Indigenous peoples. When section 35 was included in...

Litigation Guideline #14: Limitations and equitable defences should be pleaded only where there is a principled basis and evidence to support the defence. Extinguishment, surrender, abandonment The Principles discourage certain long-standing federal positions, including relying on defences such as extinguishment, surrender, and abandonment Generally, these defences should be pleaded, only where there is a principled basis and...