The Supreme Court of Canada (SCC) has ruled that there is no duty to consult Indigenous groups at any stage of the law-making process.  This is an important ruling as the recognition of a justiciable duty to consult in the legislative process would have had very significant implications for the ability of federal, provincial, and territorial governments to pass laws ...

Advocates for the Rule of Law is proud to announce that it has completed its first intervention at the Supreme Court. ARL intervened on behalf of the respondent in the case of Courtoreille v. Canada. ARL argued that the duty to consult principle must be balanced against the principle of legislative sovereignty. If the government fails to consult with Aboriginal groups prior ...

On January 15, 2018, lawyers for Advocates for the Rule of Law (“ARL”) will be appearing before the Supreme Court of Canada to make submissions in a case that will consider whether there is a justiciable duty to consult potentially affected Aboriginal groups in the legislative process.  This is the first Supreme Court of Canada case that ARL has intervened ...

Advocates for the Rule of Law has received a number of requests to post the materials filed with the Court seeking status as an intervener. For those interested, we are happy to oblige. ARL’s Affidavit can be viewed here: The Affidavit of Justin W. Anisman ARL’s Factum can be viewed here: Factum of the Intervener ARL