Expect more court battles as long as the Crown has no duty to consult with Indigenous groups before passing laws.
In October of 2018, the Supreme Court of Canada ruled on a contentious case involving the Mikisew Cree. This dispute stemmed from the Harper government's introduction of two omnibus bills dating back to 2012. These bills proposed changes to Canada's environmental protection and regulatory processes, which the Mikisew challenged for violation of a treaty they signed with the Crown back in the late 1800s.
Most notably, Justice Andromache Karakatsanis, writing on behalf of herself and two other justices, stated that the judiciary normally does not oversee the development of legislation. Allowing consultation at the law-making process would require courts to"improperly trespass onto the legislature's domain."
Even though the Supreme Court refused to broaden the scope of the duty to consult in the present case, questions surrounding this issue seem far from settled. Previously, the court has stated that"true reconciliation is rarely, if ever, achieved in courtrooms." However, its lack of clarification and internal split here likely means that in the coming years we can actually expect more litigation, not less, concerning how the duty to consult meshes with the law-making process.
As Justice Karakatsanis explained, there are longstanding constitutional principles underlying the judiciary's reluctance to"supervise" the law-making process.Chief Archie Waquan responds to the Supreme Court of Canada's decision on Courtoreille v. Canada in Edmonton, Alta., on Oct. 11, 2018. The decision determines whether the government has a duty to consult Indigenous people on legislation.
South Africa Latest News, South Africa Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Morning Update: Passenger flight rights; labour trafficking in Canada; Israel’s looming electionAlso: Andrew Scheer is challenging Justin Trudeau to follow through on a libel threat
Read more »
DAZN signs three-year deal for English Premier League rights in CanadaThe streaming service will launch the new offerings in August, with no increase in the subscription fee
Read more »
Great-West Lifeco consolidating brands in Canada under Canada Life bannerWINNIPEG — Great-West Lifeco Inc. is consolidating its three Canadian life insurance companies under a single brand.The Winnipeg-based company says the Great-West Life Assurance Co., London L…
Read more »
Supreme Court dismisses Ecuadorian villagers’ $9.5-billion claim against Chevron CanadaResidents of Ecuador’s Lago Agrio region have been trying to force Chevron to pay for water and soil contamination caused from 1964 to 1992 by Texaco, which Chevron acquired in 2001
Read more »
How the Supreme Court of Canada was changed by the arrival of two womenMore than three decades ago, Bertha Wilson and then Claire L’Heureux-Dubé were selected for the top jobs in the Canadian judiciary
Read more »
U.S. tops Canada 3-2 in group stage play at Women's World Hockey ChampionshipsAnnie Pankowski scored the winning goal for the United States in a 3-2 win over Canada at the women's world hockey championship Saturday.
Read more »
U.S. edges Canada 3-2 in group stage women's world hockey championshipThe loss dropped Canada into a tie alongside Finland and Russia, all with three points apiece.
Read more »
U.S. edges Canada in group stage women's world hockey championship - Sportsnet.caAnnie Pankowski scored the winning goal for the United States in a 3-2 win over Canada at the women's world hockey championship Saturday.
Read more »
Quebec's unthinkable Bill 21 - Macleans.caAhmed Sahi: The province's religious symbols crackdown will have dangerous repercussions across Canada as it sows fear, division and the erosion of fundamental rights
Read more »
Spooner steps up as Canada loses captain Poulin in victory over RussiaCaptain Marie-Philip Poulin returned to the lineup and made an immediate impact for Canada, but was forced to leave the game in the first period after going hard into the boards. Jayna Hefford joins Laura Diakun to discuss Canada's' victory and the players that stepped up in Poulin's absence.
Read more »