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Unequal To The Task: ‘Kapp’Ing The Substantive Potential Of Section 15, Margot Young
Unequal To The Task: ‘Kapp’Ing The Substantive Potential Of Section 15, Margot Young
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This paper reviews the Supreme Court of Canada’s interpretation of s. 15 as a guarantee of substantive equality focusing on R. v. Kapp, a recent key section 15 case, as seen in perspective of Andrews v. Law Society of British Columbia (1989). R. v. Kapp (2008) brings together a dense complex of issues involving equality, affirmative action, race and Aboriginal rights. This paper takes on only a piece of this tangle – focusing on three issues that speak to the Court’s continuing failure to engage fully with the promise of Andrews’ rejection of a formal equality framework for section 15. …
Food Fish, Commercial Fish, And Fish To Support A Moderate Livelihood: Characterizing Aboriginal And Treaty Rights To Canadian Fisheries, Douglas C. Harris, Peter Millerd
Food Fish, Commercial Fish, And Fish To Support A Moderate Livelihood: Characterizing Aboriginal And Treaty Rights To Canadian Fisheries, Douglas C. Harris, Peter Millerd
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The Aboriginal peoples of Canada stand in a different legal relationship to the fisheries than non-Aboriginal Canadians. They do so by virtue of a long history with the fisheries that precedes non-Aboriginal settlement in North America, and because of the constitutional entrenchment of Aboriginal and treaty rights in Canadian law. This article describes the characterizations of Aboriginal and treaty rights to fish in Canadian law and discusses what it means for rights characterized in terms of food fishing, commercial fishing, and fishing to support a moderate livelihood, to receive constitutional protection. The article then problematizes these characterizations and suggests that …