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Articles 1 - 9 of 9
Full-Text Articles in Law
Justiciability, Access To Justice And The Development Of Constitutional Law In Canada, Lorne Sossin, Gerard J. Kennedy
Justiciability, Access To Justice And The Development Of Constitutional Law In Canada, Lorne Sossin, Gerard J. Kennedy
Articles & Book Chapters
Concentrating on Canadian experience, specifically litigation under the Canadian Charter of Rights and Freedoms (the ‘Charter’), this article seeks to reconcile the access to justice benefits of summary procedures with the government litigant’s duty to act in the public interest (or as a ‘model litigant’) and uphold the rule of law. Though acknowledging the benefits that can result from the use of summary procedures to end litigation, the authors observe that compliance with strict requirements in procedural law are frequently dispensed with in the Charter context. In fact, summary procedures can have a devastating effect on the development of Charter …
The Metamorphosis Of Aboriginal Title, Brian Slattery
The Metamorphosis Of Aboriginal Title, Brian Slattery
Brian Slattery
Aboriginal title has undergone a significant transformation from the colonial era to the present day. In colonial times, aboriginal title was governed by Principles of Recognition based on ancient relations between the Crown and Indigenous American peoples. With the passage of time, this historical right has evolved into a generative right, governed by Principles of Reconciliation. As a generative right, aboriginal title exists in a dynamic but latent form, which is capable of partial articulation by the courts but whose full implementation requires agreement between the Indigenous party and the Crown. The courts have the power to recognize the core …
Aboriginal Rights And The Honour Of The Crown, Brian Slattery
Aboriginal Rights And The Honour Of The Crown, Brian Slattery
Brian Slattery
No abstract provided.
Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery
Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery
Brian Slattery
No abstract provided.
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Brian Slattery
No abstract provided.
First Nations And The Constitution: A Question Of Trust, Brian Slattery
First Nations And The Constitution: A Question Of Trust, Brian Slattery
Brian Slattery
No abstract provided.
Understanding Aboriginal Rights, Brian Slattery
The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery
The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery
Brian Slattery
This article reviews the constitutional and historical grounds for Aboriginal and treaty rights in Canada and discusses the legal effects of entrenching these rights in the Constitution of Canada in 1982.
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
Brian Slattery
The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.