Key Takeaways Overview Through the enactment of the UNDRIP Act in June of 2021, the government of Canada imposed upon itself the responsibility to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples. The wording of the Act is mandatory: section 5 of the UNDRIP Act requires the government of Canada to “take all measures necessary to…
Eris Ritcey is an associate at Phillips Barristers PC, one of the firms making up the litigation team representing the hereditary chiefs of the Gitanyow Nation in the BC Supreme Court but not in the Supreme Court of Canada A Supreme Court of Canada decision could hamper Aboriginal title litigation The Gitanyow have long sought…
Case comment on James Bay Resources Limited v. Mak Mera Nigeria Limited, 2025 ONCA 448 by Flora Yu Can a corporation feel the sting of a defamatory statement? In short, no. The law deems a corporation to be a “person” because it has the legal capacity (separate from its flesh-and-blood directors, officers, or shareholders) to take actions that only people are ordinarily permitted to take.1 Be that as it may, the…
On September 26, 2002, a Canadian, Maher Arar, was returning home to Canada from a trip abroad when he was apprehended by American authorities during a layover in the United States. The American officials deported him to Syria and handed him over to the Syrian authorities on suspicions that Arar was Al Qaeda-affiliated. True to…
Summary: On July 7, 2024 the Ontario Superior Court of Justice in Richard v. The Attorney General of Canada, 2024 ONSC 3800 certified a class proceeding on behalf of all persons who were detained for immigration purposes in a provincial or territorial correctional facility since May 16, 2016, including a subclass of individuals with a mental health condition….