From Protector to Aggressor: Section 91(24) and the Division of Powers

SKU: 62061.08

This paper explores the law in respect of s 91(24) of the Constitution Act, 1867, and the impacts of the Supreme Court of Canada’s current approach to the division of powers on the relationship between Indigenous Peoples and the Crown. It highlights the historical relationship between the federal Crown and Indigenous Peoples, and discusses the doctrine of interjurisdictional immunity within the context of s 91(24). The paper also reviews three recent landmark decisions from the Supreme Court of Canada: Tsilhqot’in Nation v British Columbia, 2014 SCC 44, Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, and Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12.

This paper is part of a collection presented at LESA’s Canada 150 — Constitutional Law Symposium in Edmonton on October 27, 2017.

 

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