I just read Cody Mallette's vigorous defense of the notwithstanding clause in the National Post. It seems thoughtful and balanced, but it's bullshit.
You can bet your ass off that these right wing proponents of legislative bodies superceding jurisprudence or actual inalienable human rights would go to pieces if any province invoked s33 to strip property rights rather than just abuse marginalized communities and children.
Notwithstanding, Rights are worthless
Supreme Court will hear challenge to Liberal gun ban | Ottawa Citizen
It’s not over by any stretch of the imagination, but the Blood Tribe has inched closer to resolution of its ‘Big Claim’ with a Supreme Court of Canada declaration.
The top court in the Shot Both Sides v. Canada decision clearly says the tribe was shorted 162.5 square miles of reserve land promised in the making of Treaty 7, as the Blood Tribe has been asserting since the 1970s.
#Indigenous #FirstNations #SCOC #courts #law #Canada #BloodTribe
The Supreme Court of Canada has helped to restore the honour of the Crown by issuing a declaration in the Blood Tribe’s ‘Big Claim’ on April 12. The claim asserts that Canada shorted the Blood Tribe, located in southern Alberta, 162.5 square miles of reserve land promised at the time Treaty 7 was made in 1877.
#SCOC case: https://www.scc-csc.ca/case-dossier/cb/2024/40153-eng.aspx
IANAL, but as I understand it, the #Canadian gov't made this treaty directly with the tribes, in lands it directly controlled as part of the #NWT, in a Nation-to-Nation treaty.
It appears to me the Federal & International law are the law governing this case. Not #AB provincial law (although that may be in play based on where the case was brought, in which case my outrage is misplaced, though the Tribe may have been required by the laws in place in 1982.
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#CBC: #Canada broke its #treaty promise, but Blood Tribe is barred from suing, Supreme Court rules
Many #journalism errors in this article; one might assume it was intentional.
The #BloodTribe signed #Treaty7 in 1877. They never got the land promised. #SupremeCourtofCanada #SCOC says province of #Alberta statute of limitations applies.
#AB was not a province until 1905.
#UNDRIP has been law since 21 June 2021. Has SCOC forgotten?
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Canada acted dishonourably by breaching its treaty obligations to the Blood Tribe in Alberta, but the band is barred from suing by the province’s statute of limitations, the Supreme Court of Canada has ruled.
The Vuntut Gwitchin First Nation has a Supreme Court of Canada decision that upholds its rule that elected chief and councillors must reside on its settlement lands in the remote community of Old Crow, Yukon.
That rule was challenged by member Cindy Dickson, who took her Charter of Rights and Freedoms challenge under sec. 15 all the way up to the top court only to be dismissed by the majority.
Today the Supreme Court of Canada decided the case known as Cindy Dickson v. Vuntut Gwitchin First Nation (VGFN), and while the First Nation can claim an ultimate victory, the decision comes with dissenting opinions on the appeal questions considered. Cindy Dickson wanted to run for a position on VGFN council, but she came up against a requirement under the Vuntut Gwitchin’s constitution that she just couldn’t agree to.
Martin Settle
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