Robert Hamilton

Associate Professor at University of Calgary Faculty of Law. Research Aboriginal law and legal history.

[Robert Hamilton @robert_rch]

@AndrewScheer Dunning-Kruger is a hell of a drug

[ABlawg @ABlawg]

New Post: Teaching Dickson v Vuntut Gwitchin First Nation

https://t.co/loNWtRSNOX

[Robert Hamilton @robert_rch]

A new article from me, "Can a “Moderate Livelihood” Fishery Reflect the Legal Pluralism of the Treaties of Peace and Friendship?" https://t.co/W0E0cFgnlf

[Robert Hamilton @robert_rch]

@DAJHetherington @davevwright @JWatsonHamilton @HowieKislowicz @Lorian_H @nikolaou_nickie @ryanjclements @LawProfHolloway @molszyns Congrats, Derek!

[Robert Hamilton @robert_rch]

My take on what the scc's decision in "Reference re An Act respecting First Nations, Inuit and Métis children, youth and families" means for provinces

[ABlawg @ABlawg]

New Post: Can the Federal Government Compel the Provincial Authorities to Respect an Indigenous Right of Self-Government?

https://t.co/khbCpmSnUB

[David V. Wright @davevwright]

Unparalleled ⁦⁩classrooms North of 60. Week two of ⁦@UCalgaryLaw⁩ Yukon course is underway and nothing short of amazing. A joy to be here with these engaged students and Profs Josh Nichols and ⁦@robert_rch⁩

[David V. Wright @davevwright]

And we’re back! What a delight and privilege it is to be back in the Yukon w ⁦@robert_rch⁩ teaching this year’s ⁦@UCalgaryLaw⁩ intensive course on Modern Treaties and Indigenous Self-Government. We’re off to a wonderful start with a great program ahead. 🙏

[Robert Hamilton @robert_rch]

Albert'a sovereignty act apparently used as a model in Utah. Will be interesting to see how moves like this work in different constitutional contexts https://t.co/JPxNG6XY9H

[Robert Hamilton @robert_rch]

Summary of the recent SCC decision on Indigenous Child and Family Services legislation. A few posts to follow digging into the reasoning in more detail.

[ABlawg @ABlawg]

New Post: Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

https://t.co/LIjqYFOgKO

[ABlawg @ABlawg]

New Post: Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

https://t.co/LIjqYFOgKO

[Robert Hamilton @robert_rch]

Big decision - the SCC holds that An Act respecting First Nations, Inuit and Métis children, youth and families is constitutional in a unanimous decision. https://t.co/7QFzFa9EKf

[Robert Hamilton @robert_rch]

@jessecmccormick One reason why it may have been helpful for the scc to say something about the scope of “federal jurisdictional responsibility” under 91(24) in the IAA reference (and on the relationship between 91(24) and 35).

[Robert Hamilton @robert_rch]

@sjfranks though upholding the incorporation sections of the Act would require a fairly strong interpretation of what the feds can do under 91(24). I don’t think anything in the IAA ref is inconsistent with that, though.

[Robert Hamilton @robert_rch]

@sjfranks Thanks, Scott. I'm also wondering what, if anything, we can glean about the c-92 reference from this. I would not be surprised if they decline to answer the self-gov question as you say (which would sidestep the s.35/provinces issue)…

[Robert Hamilton @robert_rch]

Some thoughts about the IAA Reference and a missed opportunity to provide clarity on important issues re s91(24) and s35.

[ABlawg @ABlawg]

New Post: The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples

https://t.co/69Zv3kfJ7P

[ABlawg @ABlawg]

New Post: Wait, What!? What the Supreme Court Actually Said in the IAA Reference

https://t.co/f7oJmQS8Xd

[CanLII @CanLII]

New on CanLII: "The Future of Treaty Interpretation in Yahey v British Columbia: Clarification on Cumulative Effects, Common Intentions, and Treaty Infringement" by Robert Hamilton (@robert_rch) and Nicholas P. Ettinger; featured in @RDO_OLR vol 54 no 1 https://t.co/2miWQYUbdH

[Robert Hamilton @robert_rch]

@davevwright @UCalgaryLaw Learning at the CAFN