shutterstock_634195787By Kirsten Marsh, University of Ottawa

Section 35(1) of the Constitution Act, 1982[1] protects the rights of Canada’s Aboriginal peoples: Indian (First Nation), Inuit, and Métis. While acknowledging Aboriginal rights in the text of the Constitution is a major step forward for Canada’s Aboriginal people, recognition of Aboriginal rights in practice is a separate challenge. Métis are often referred to as ‘mixed-blood’ because of their mixed Indian and European ancestry. But the Métis are as diverse as their Europeans and First Nations ancestors, each with unique history, culture, and language. Continue Reading Powley in Practice: Failing the Métis in the Maritimes

By Mshutterstock_511296298ark Mancini, University of New Brunswick

In late 2016, the Ontario Court of Appeal in Canada Post Corporation v Hamilton (City)[1] had an opportunity to revisit the doctrine of federal paramountcy in the context of the most exciting of subjects: community mailboxes. The case got relatively little attention, but it is an important comment on the relationship between the doctrines of pith and substance and paramountcy in the division of powers analysis. Below, I review the facts of the case, and argue that the law should have been held invalid rather than inoperable. Continue Reading The Constitution and Community Mailboxes

By Simon Pelsmakher, University of Windsor

shutterstock_318715832On January 6, 2017, a horrific shooting attack occurred at Ft. Lauderdale- Hollywood International Airport, which left 5 people dead and 42 injured. Unfortunately, this incident was not a one-off event, and the US has been plagued with many such shooting attacks in recent years. As former President Obama has argued: legally, it is all too simple for these individuals to acquire the necessary weapons to carry out such attacks. The law should therefore be amended and reformed to address these challenges. Continue Reading Amending US Gun Laws – an Outsider’s Perspective