Exploring Theme: "Supreme Court"

Case pitted day school survivors against Ottawa, Gowling and Deloitte CBC Indigenous: The Supreme Court of Canada has dismissed a request from a federal Indian day school survivor to appeal a lower court ruling related to a multi-billion dollar settlement agreement she said left survivors like her shortchanged and retraumatized. Jessie Waldron, who attended the...

High court upholds time limits on filing of treaty-based lawsuits CBC Indigenous: Canada acted dishonourably by breaking its treaty obligations to the Blood Tribe in Alberta but the band is barred from suing by the province’s statute of limitations, the Supreme Court of Canada has ruled. The high court on Friday handed down a unanimous decision...

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...

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...

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...

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...

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...

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...