Illegal Fishing, Indigenous Treaty Rights and Reconciliation 1 Thank you for inviting me. I am a non-partisan witness with no personal interest at stake. My relevant legal practice before my retirement was […]
Lessons in Protest Management Learned from the Emergencies Act.
Protests, blockades and other forms of civil disobedience are growing in popularity in Canada; and the federal government depended on a blunt instrument – the Emergencies Act (the “EA”) as the way […]
The Supreme Court of Canada Finds Part of the Federal Impact Assessment Act Unconstitutional. So What?
Introduction The recent Supreme Court of Canada decision holding that parts of the federal Impact Assessment Act are ‘unconstitutional’ caused cheering in several provincial capitals and in the media. However, there is […]
How to Fix MAID and Why the Government Won’t Do It
Canada’s MAID law has for decades been a failed attempt to use the criminal law to regulate a medical procedure that is within provincial jurisdiction. That is using the wrong tool for […]
My Opinion Piece on UNDRIP Published in the Financial Post Today
https://financialpost.com/opinion/opinion-nobody-needs-undrip-except-maybe-lawyers
In a conflict of rights, who wins?
If everyone is given the right to everything then eventually, no one will have the right to anything. Civil rights (or civil liberties as they are sometimes called) have an important […]
The Marshall Case: A Deal is a Deal the Supreme Court held. (But What’s the Deal?)
The Ugly Violence in Nova Scotia In the last two weeks there has been escalating violence in Nova Scotia, including assaults, a mob of 200 people threatening Mi’kmaq fishers, and burning down […]
UNDRIP: THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (PART 1 OF 3)
Introduction to This Three-Part Post The Canadian economy has been devastated by the Covid-19 pandemic, and still faces further losses. As we emerge from the lockdowns and try to restore a new […]
UNDRIP: THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (PART 2 OF 3)
part 1 of this post is here PART 2: The BC Government Has Not Enshrined UNDRIP Into Law The B.C. government last year announced, to unanimous applause in the BC Legislature, that […]
UNDRIP: THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (PART 3 OF 3)
part 2 is here PART 3: Enshrining UNDRIP Into Canadian Law Would Do More Harm Than Good If UNDRIP had been declared 50 years ago and approved by Canada then, it might […]