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
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
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. 🙏
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
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.
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
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
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
@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).
@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.
@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)…
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