Rather than the duty to consult, governments should proactively engage with Indigenous treaties or other locally relevant treaties, agreements, laws and relationships at all stages of law-making.
The headlines suggest the Supreme Court of Canada has ruled against Indigenous consultation. But its recent ruling is much more nuanced and complex than that.
Contrary to what some have suggested, the uncertainty over the Trans Mountain pipeline expansion will be drawn out.
Doug Ford’s wielding of the notwithstanding clause is part of a broader opposition to judicial activism that has developed among right-wing politicians and academics in the post-Charter era.
The Gérard Comeau case was never just about beer. It was essentially about enabling Canada's domestic economy across the country to thrive. Here's how the Supreme Court of Canada got it so wrong.
Recent stories in the media highlight the idea of suicide tourism to Switzerland. But what does that mean? How is the Swiss view of assisted dying different from the Canadian one?
Prostitution is now illegal in Canada. Is prostitution harmful and exploitative? Or is sex work a legitimate form of labour?
The Supreme Court of Canada's recent decisions on Clyde River and Chippewas contain key lessons to ensure that Indigenous rights are recognized and respected in the future.
The Inuit town of Clyde River has won a long battle to stop Arctic seismic testing. The Supreme Court ruled the Inuit weren't adequately consulted. What does that mean for future consultations?
The idea that courts should routinely grant stays of proceedings in the event of trial delays is largely unique to Canada. There are ways to address trial delays without terminating prosecutions.