HomeTag Archives: section 35

Tag Archives: section 35

Supreme Court Rejects a Legislative Duty to Consult in ARL’s First Intervention

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 ...

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ARL at the Supreme Court

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 ...

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A Questionable Ruling on Aboriginal Rights

As has been widely reported, an Ontario court has ruled that native parents have a right to deny their children life-saving medical treatment. The case of Hamilton Health Sciences Corporation v. D.H. concerned an 11-year-old child, J.J., who was diagnosed with leukemia in August 2014. Her treatment team determined that she had a 90%-95% chance of being cured with chemotherapy, ...

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