Panel A: Lines in the Sand - GGPPA & Desautel | 25th Annual Constitutional Cases Conference

This panel will discuss two significant cases decided in 2021 that speak to the subject of jurisdiction. From a series of perspectives, panelists will examine the division of powers analyses on offer in the References re Greenhouse Gas Pollution Pricing Act by looking historically at the case, more deeply into the recent jurisprudence on federalism, by analyzing the national concern doctrine, and posing important questions about climate change and the constitution. The panel will also discuss the important decision of R. v. Desautel, which considered the recognition of constitutionally protected Aboriginal Rights under s.35(1) rights beyond the borders of the Canadian state that arise based on the prior occupation of Aboriginal societies. 3:02 Fenner Stewart, University of Calgary, Faculty of Law The Great Case of Minimum National Standards 16:05 Allan Hutchinson, Osgoode Hall Law School 25:40 Jean Leclair, Faculté de droit, Université de Montréal ’Tis a rock — a crag — a cape? A cape? say rather a peninsula!” The SCC’s Revisitation of the National Concern doctrine 39:26 Senwung Luk, OKTLaw Are there geographical bounds to Van der Peet rights? A study of R v Desautel Chair: Emily Kidd White, Osgoode Hall Law School This event was recorded on Friday, April 1, 2022 Hosted by Osgoode Hall Law School Sponsored by LexisNexis and Osgoode Professional Developmen