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Procedural Injustice: Indigenous Claims, Limitation Periods, And Laches, Kent Mcneil, Thomas Enns
Procedural Injustice: Indigenous Claims, Limitation Periods, And Laches, Kent Mcneil, Thomas Enns
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When Indigenous peoples go to court to seek justice for the historical wrongs they have endured, the Crown often tries to prevent their claims from even being heard by pleading statutes of limitations and laches. The application of these barriers raises serious constitution issues that have been taken account of by the Supreme Court only in the context of declarations of constitutional invalidity. Arguments based on the constitutional division of powers and section 35(1) of the Constitution Act, 1982 have not been addressed by the Court. As a result, limitations statutes that vary from province to province have been applied …
The Text And The Ballot Box: S.3, S.33 And The Right To Cast An Informed Vote, Jamie Cameron
The Text And The Ballot Box: S.3, S.33 And The Right To Cast An Informed Vote, Jamie Cameron
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Section 33, which empowers legislatures to override most of the Charter’s fundamental rights and guarantees, has resurfaced in recent years and more ominously, as a rights-negating mechanism. The relationship between s.33 and the Charter’s non-derogable rights is one issue that has arisen under s.33 legislation enacted by Quebec and Ontario. In Ontario, Bill 307’s use of the override to reinstate unconstitutional restrictions on third party political advertising also engages the democratic rights of voters protected by s.3 of the Charter. In marking the first time override legislation forms the backdrop to s.3’s interpretation, Working Families v. Ontario …