Aboriginal Rights / Constitutional Law and
Administrative Tribunals / Division of Powers
The
first half of the class will look at aboriginal rights. We will
examine the following proposition:
“The area of aboriginal rights is an area where the
Supreme Court has not been mindful of its proper role, with the result
that we are stuck with certain inappropriate judge-made approaches in this
area that do little for the welfare of aboriginal peoples”.
In this
class, we shall be examining the following cases in some
detail:
Delgamuukw
v. British Columbia , [1997] 3 S.C.R. 1010.
Marshall
v. Canada , [1999] 3
S.C.R. 456 (judgment on the appeal).
Marshall v. Canada, [1999] 3
S.C.R. 533 (judgment on motion for a stay and a rehearing).
Haida Nation v.
British Columbia (Minister of Forests), [2004] 3
S.C.R. 511.
Taku River Tlingit First Nation v.
British Columbia (Project Assessment Director), [2004]
3 S.C.R. 550.
The
second half of the class will look at the interface between constitutional
law and administrative law. We will also examine recent developments
in division of powers jurisprudence. This will be done in a lecture
format.
Administrative
tribunals:
Ocean Port Hotel Ltd. v. British Columbia (General Manager,
Liquor Control and Licensing Branch), [2001] 2
S.C.R. 781 (applicability of Charter to administrative tribunals).
Nova
Scotia (Workers’ Compensation Board) v. Martin; Nova Scotia (Workers’
Compensation Board) v. Laseur, [2003] 2 S.C.R. 504 (jurisdiction of
administrative tribunals to consider constitutional questions).
Multani v. Commission
scolaire
Marguerite-Bourgeoys, [2006] 1 S.C.R. 256 (standard of review of
constitutional decisions of administrative
tribunals).
Okwuobi v.
Lester B. Pearson School Board; Casimir v. Quebec (Attorney General);
Zorrilla v. Quebec
(Attorney General), [2005] 1 S.C.R. 257 and
Kelly
v. Ontario, 2008 CanLII 22557 (Ont. S.C.J.).
Recent developments in division of powers
jurisprudence:
The following cases may be
examined:
Canadian Western Bank v. Alberta, [2007] 2 S.C.R. 3 and (companion case) British
Columbia (Attorney General) v. Lafarge Canada Inc.,
[2007] 2 S.C.R. 86.
R. v.
Hydro-Québec, [1997] 3 S.C.R.
213.
Westcoast Energy Inc. v.
Canada (National Energy Board),
[1998] 1 S.C.R. 322.
Reference Re Secession of
Quebec, [1998] 2 S.C.R.
217.
Unifund Assurance Co. v.
Insurance Corp. of British Columbia, [2003] 2 S.C.R. 63.
Eurig Estate
(Re), [1998] 2 S.C.R.
565.
