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#scoc — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #scoc, aggregated by home.social.

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  1. 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

    #cdnpoli #notwithstanding #scoc

  2. 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

    windspeaker.com/news/windspeak

  3. 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.

    windspeaker.com/news/windspeak

    #Indigenous #FirstNation #SCOC #justice #rights

  4. “…incremental change is better than no change at all...”

    In a 92-page unanimous decision penned by the entire panel of eight Supreme Court justices, Canada’s highest court has said C-92, An Act respecting First Nations, Inuit and Métis children, youth and families “as a whole is constitutionally valid”, and affirms Indigenous jurisdiction to make laws in relation to child and family services.

    windspeaker.com/news/windspeak

    #Indigenous #FirstNations #childwelfare #cdnpoli #SCOC

  5. You may also want to read this parallel dissent from Senator Pierre Dalphond, an expert in constitutional law, who calls on the government to refer the issue to the Supreme Court to address its constitutionality - rather than forcing a mentally ill litigant to fight this all through the courts. parl.ca/documentviewer/en/44-1 #SenateofCanada #MAID #cdnpoli #Canada #SCOC #SupremeCourtofCanada

  6. The result, he said, “may be a complete mess for everyone. Just a situation of chaos in which no one knows what to do next or what the status of the decision is.”

    Supreme Court asked to interpret Robinson treaties while being urged to consider compensation for breaches

    windspeaker.com/news/windspeak

    #indigenous #firstnations #SCOC #legal #law

  7. “I find it extraordinary that the judge is contemplating, ‘Don't worry about the Supreme Court of Canada. I'm just going to render my decision.’ I mean I find it baffling. Almost unbelievable, frankly.” —Supreme Court of Canada Justice Malcolm Rowe

    Supreme Court asked to interpret Robinson treaties while being urged to consider compensation for breaches

    windspeaker.com/news/windspeak

    #indigenous #firstnations #SCOC #legal #law

  8. Canada’s top court is being asked to interpret two treaties from 1850 known as the Robinson treaties.

    They have an annuities provision that provides the Anishinaabe with a fair share of the resource-based revenues generated from the territory.

    The Crown’s obligation is to increase those annuities when economic circumstances are favourable and the Crown has benefited from the lands, an obligation the Crown has breached since 1875.

    windspeaker.com/news/windspeak

    #Indigenous #FirstNations #SCOC #law

  9. The newest episode of Alberta Unbound! Listen up as I delve into Friday’s explosive Supreme Court of Canada ruling which deemed the Impact Assessment Act largely unconstitutional with Eric Adams, professor of constitutional law, and Andrew Leach, professor of energy and environmental economics. podbean.com/ei/pb-eucmm-14d1da #IAA #C69 #BillC69 #ImpactAssessmentAct #SupremeCourtOfCanada #AlbertaUnbound #cdnpoli #Alberta #Canada #SCOC #UAlberta #SenateofCanada #SenCA

  10. The Blood Tribe was in front of the Supreme #Court of Canada Oct. 12 arguing against barring claims of breaches of the Crown’s #treaty obligations because of provincial time limitation.

    The issue is that #Canada shorted the Blood Tribe on its reserve size, and the claim couldn’t have been brought before the #Constitution Act, 1982 was enacted.

    An appeals court ruled, however, the claim was brought too late, after Alberta’s 6-year time limitation.

    windspeaker.com/news/windspeak

    #Indigenous #SCOC

  11. When an Innu Nation found it was short $1.6 million after paying wages retroactively to police force members after a salary arbitration award, the Nation sued #Quebec and #Canada.

    The #Innu argued that renewal of the tripartite agreements for policing over the years was done without needed increased funding and that breached the honour of the #Crown.

    A #Court of Appeal agreed. Now the Supreme Court will hear the case.

    windspeaker.com/news/windspeak

    #Indigenous #FirstNations #policing #SCOC

  12. Today is the 25th anniversary of one of the most consequential court rulings in Canadian history: the landmark Vriend v Alberta, which established LGBQT rights across the country. I’m delighted to share this new podcast by Darrin Hagen, about the Vriend case, and the Edmontonians who fought for justice. (With cameo from me.) podcasts.apple.com/ca/podcast/ #Vriend #yeg #Edmonton #Alberta #Canada #SupremeCourtofCanada #SCOC #LGBQT #yegheritage

  13. Supreme Court rules Blood Tribe can argue reserve size ‘Big Claim’

    The Supreme Court of Canada has opened the door to the Blood Tribe to argue its case that Canada breached its treaty obligations in land commitment to the southern Alberta First Nation.

    On Feb 2, the highest court in the country granted leave to appeal on Canada v Jim Shot Both Sides and Roy Fox et al. The action is more commonly known as the "Big Claim."

    windspeaker.com/news/windspeak

    #FirstNations #law #landback #SCOC #treaty