The honour of the Crown in Canadian Aboriginal jurisprudence has taken on a prominent role in interpreting s.35 of the Constitution Act 1982, cited as grounding, at a minimum, Crown responsibilities to consult and accommodate. Yet what is not often discussed is the over 800 year long legal legacy of the honour of the Crown in common law and equity and that our understanding of Crown honour today appears greatly narrowed and underapplied in contrast. I offer a more full and complete understanding of the roots of the honour of the Crown and its relevance to the Crown's relationship to Indigenous peoples with the hope of offering a new lens through which to more properly understand those relationships, those treaties made on the basis of Crown...
This edited collection features essays by Indigenous legal academics from across Canada about renewi...
In the text that follows, I start by explaining how Canada\u27s behaviour in the Tsilhqot\u27in liti...
The purpose of this paper is to explore the effects of Aboriginal title jurisprudence on the relatio...
Simply put, Crown liability doctrine in Crown/Aboriginal Law in Canada is a mess. Demonstrably, ther...
The honour of the Crown is recognized as a Canadian constitutional principle that is essential to re...
The honour of the Crown is recognized as a Canadian constitutional principle that is essential to re...
grantor: University of TorontoThis dissertation constructs an alternative framework for t...
The decision of the Supreme Court of Canada in R. v. Marshall raises some difficult questions about ...
When the Supreme Court first grasped the nettle of section 35 in the Sparrow case, it held that the ...
The inclusion of section 35 in the Constitution Act, 1982 was intended to address the old and diffic...
High among the purposes of entrenching Aboriginal and treaty rights in section 35 of the Constitutio...
This article considers the Supreme Court’s two Aboriginal law decisions of 2018. They are not ground...
More than thirty years ago, section 35 of the Constitution Act recognized and affirmed "the existing...
ABSTRACT The purpose of this thesis is to assess the Crown’s Constitutional duty of consultation an...
This article examines the application of the theory of the unity of the Crown in Canada in the conte...
This edited collection features essays by Indigenous legal academics from across Canada about renewi...
In the text that follows, I start by explaining how Canada\u27s behaviour in the Tsilhqot\u27in liti...
The purpose of this paper is to explore the effects of Aboriginal title jurisprudence on the relatio...
Simply put, Crown liability doctrine in Crown/Aboriginal Law in Canada is a mess. Demonstrably, ther...
The honour of the Crown is recognized as a Canadian constitutional principle that is essential to re...
The honour of the Crown is recognized as a Canadian constitutional principle that is essential to re...
grantor: University of TorontoThis dissertation constructs an alternative framework for t...
The decision of the Supreme Court of Canada in R. v. Marshall raises some difficult questions about ...
When the Supreme Court first grasped the nettle of section 35 in the Sparrow case, it held that the ...
The inclusion of section 35 in the Constitution Act, 1982 was intended to address the old and diffic...
High among the purposes of entrenching Aboriginal and treaty rights in section 35 of the Constitutio...
This article considers the Supreme Court’s two Aboriginal law decisions of 2018. They are not ground...
More than thirty years ago, section 35 of the Constitution Act recognized and affirmed "the existing...
ABSTRACT The purpose of this thesis is to assess the Crown’s Constitutional duty of consultation an...
This article examines the application of the theory of the unity of the Crown in Canada in the conte...
This edited collection features essays by Indigenous legal academics from across Canada about renewi...
In the text that follows, I start by explaining how Canada\u27s behaviour in the Tsilhqot\u27in liti...
The purpose of this paper is to explore the effects of Aboriginal title jurisprudence on the relatio...