By Bruce Pardy for the Fraser Institute In late May, the Supreme Court of Canada ducked. Six months earlier, the New Brunswick Court of Appeal decided that Aboriginal title could not be declared against private property. The Aboriginal claimants tried to appeal to the Supreme Court. On May 28, the Court declined to hear the case. That doesn’t mean […]
Tag: Supreme Court of Canada
The Canadian Real Estate Investor — host Daniel Foch in conversation with Bruce Pardy. Canadian law remains dangerously unclear on how Aboriginal title intersects with private fee simple ownership, leaving landowners, investors, and Indigenous groups in limbo. The Supreme Court of Canada recently declined to hear an appeal by the Wolastoqey Nation regarding Aboriginal title […]
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The J.D. Irving, Limited et al. v. Wolastoqey Nation Case By Probe Media Leaders on the Frontier: The New Brunswick Aboriginal lands case is a landmark legal challenge where six Wolastoqey First Nations sought Aboriginal title to more than half of the province’s land along the Saint John River watershed, including lands owned by seven private companies. […]
By Bruce Pardy for the Brownstone Institute Last week, Alberta Premier Danielle Smith announced a referendum for October 19. It will ask Albertans a slate of policy and constitutional questions. Independence, she said the next day, will be added to the ballot if the requisite number of signatures is met in the petition drive, which […]
By Bruce Pardy | Published by the National Post Canada’s newest medical school will select students not for their ability, but their identity. Great, as if Canada’s healthcare system wasn’t bad enough already. The school, which opens next fall at Toronto Metropolitan University, will reserve 75 per cent of its seats for Indigenous, Black, and […]
By Bruce Pardy | Published by National Post Last week the Supreme Court of Canada issued a decision that was boring. That’s great news, and a bit unexpected. A five-to-two majority held much of the federal Impact Assessment Act (IAA) to be unconstitutional. That’s boring because it’s straightforward and correct. The court did its job […]
By Bruce Pardy | Special to the National Post Eighteen years ago, the Supreme Court of Canada ruled Quebec’s prohibition on private medical insurance to be unlawful. Wait times in the public health-care system put people at risk, the majority said, and they have a right to seek private care if the public system can’t […]
The Charter’s vagueness allows courts to reign supreme.