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 ...
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Tag Archives: Justiciable
The Right Result for the Wrong Reason: The Court of Appeal’s Decision in Tanudjaja
Last month, the Ontario Court of Appeal’s decision in Tanudjaja v. Canada (Attorney General) upheld the Superior Court’s dismissal of a novel claim, alleging that the Canadian Charter of Rights and Freedoms confers a positive right to housing. The majority of the Court of Appeal was correct to dismiss the claim. However, the basis of the majority’s decision – that ...
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