Constitutional
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October 26, 2023
Nunavut court rejects appeal of injunction against protesters on Baffin Island mine
The Nunuvut Court of Appeal has rejected appellants’ appeal of an injunction against them for protesting over a mine and impeding on its economic activity.
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October 26, 2023
PM’s pick of CJ Moreau for top court means SCC poised to have a female majority for the first time
The Supreme Court of Canada could soon have a majority of women judges for the first time since its creation in 1875, following the historic nomination of Alberta Court of King’s Bench Chief Justice Mary Moreau to fill the top court’s Western/Northern seat vacated last June by Justice Russell Brown.
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October 25, 2023
Federal Court approves $23-billion settlement to compensate First Nations children, families
Indigenous Services Canada announced on Oct. 25 that the Federal Court has approved the First Nations Child and Family Services, Jordan’s Principle, Trout and Kith Class Settlement Agreement of $23.34 billion to compensate First Nations children and families “who were harmed by discriminatory underfunding of the First Nations Child and Family Services program and those impacted by the federal government’s narrow definition of Jordan’s Principle.”
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October 25, 2023
Court challenge will bring legal certainty to infrastructure projects, Ontario AG says
Ontario is turning to the courts to declare the federal government’s controversial Impact Assessment Act (IAA) to be of no force and effect after the Supreme Court found it to be largely unconstitutional.
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October 24, 2023
Decision in anti-SLAPP case shows care needs to be taken in how people express themselves: lawyer
Ontario’s top court has ruled against a prominent Italian-language newspaper which published articles viewed by some as attacking the LGBTQ2S+ community, rejecting arguments that a lower court judge had been wrong in failing to look at whether actions taken against the newspaper in response to the articles amounted to media censorship.
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October 20, 2023
Manitoba resident to appeal provincial ban on homegrown cannabis: lawyer
As part of a vow to “keep fighting the good fight” in an “uphill battle,” a prominent cannabis lawyer will be appealing to Manitoba’s top court on behalf of a resident denied the right to grow recreational pot at home.
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October 20, 2023
‘Significant misunderstanding’ of what is captured by new sex work law, prof says after ruling
Alberta’s top court has overturned a decision which said a number of provisions in Canada’s sex work law were unconstitutional, a ruling which could find its way to the Supreme Court. The two accused, Mikhail Kloubakov and Hicham Moustaine, were convicted of two offences under the Protection of Communities and Exploited Persons Act, or PCEPA — obtaining a material benefit from the provision of sexual services and procuring a person to offer or provide sexual services for compensation. The two men challenged the constitutionality of the offences, and the trial judge entered a stay of charges after ruling they violated their Charter rights to life, liberty and security of the person.
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October 19, 2023
Oath to sovereign made by prospective lawyers not violation of religious rights: Alberta judge
An Alberta judge has ruled against a devout Sikh man who was arguing an oath of allegiance required by everyone seeking to become a lawyer in the province violated his religious freedom.
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October 19, 2023
Heinen Hutchison Robitaille adds partner
Heinen Hutchison Robitaille welcomed Stephanie DiGiuseppe as partner.
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October 18, 2023
Indigenous protected areas: Transformative opportunities, part four
As we journeyed from the history and potential of IPCAs in our preceding sections, it’s crucial now to envision their pivotal role in our collective future. Emerging from a rich tapestry of Indigenous laws, governance and knowledge systems, IPCAs are Indigenous-led initiatives. These initiatives, guided by an Indigenous Nation’s practices and priorities, centre on the protection and conservation of ecosystems, culture and language. Rooted in Indigenous laws, governance and knowledge systems, IPCAs are not merely conservation labels. They are dynamic frameworks echoing the heartbeat of Indigenous Peoples, resonating with their aspirations, rights and deep connections to their lands.