Results | SCC-Authors-Cited

Benedet, J., & Grant, I. (2007). Hearing the Sexual Assault Complaints of Women with Mental Disabilities: Evidentiary and Procedural Issues. McGill Law Journal, 52(3), 515–554. https://heinonline.org/HOL/P?h=hein.journals/mcgil52&i=527

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R. v. Kruk - 2024 SCC 7 (March 8, 2024). https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20315/index.do

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LaForme, Harry S, & Truesdale, C. (2013). Section 25 of the Charter; Section 35 of the Constitution Act, 1982: Aboriginal and Treaty Rights — 30 Years of Recognition and Affirmation. In G. A. Beaudoin, E. Mendes, & S. Beaulac (Eds.), Canadian Charter of Rights and Freedoms (5th ed., p. 1337). LexisNexis Butterworths.

Lokan, A. K., & Dassios, C. M. (2006). Constitutional litigation in Canada. Thomson Carswell.

Otis, G. (2007). Gouvernance autochtone et droits ancestraux: une relation nouvelle entre la collectivité et l’individu? In A. Lajoie & Université de Montréal Centre de recherche en droit public (Eds.), Gouvernance autochtone: aspects juridiques, économiques et sociaux (p. 40). Éditions Thémis.

Kennedy, G. (2007). The Charter of Rights in litigation: direction from the Supreme Court of Canada (updated March 2024, release 2). Canada Law Book.

Shin, I. (2009). Indigenous Self‑Determination and the State. In B. J. Richardson, S. Imai, & K. McNeil (Eds.), Indigenous peoples and the law: comparative and critical perspectives (p. 285). Hart.

Hogg, P. W., & Wright, W. K. (2023). Constitutional law of Canada (5th ed). Thomson Reuters.

Constitutional Law of Canada has been the classic text in its field for decades, and the one to which scholars, practitioners and students turn for authoritative guidance on the complex issues and concepts which comprise Canadian constitutional law. Wade K. Wright assumed authorship of the text in 2021, stepping into the shoes of the late Peter W. Hogg, the founding author. The 2023 Student Edition is an abridged version of the two-volume looseleaf 5th Edition, which is revised annually by the author. The Student Edition contains 35 of the 60 chapters from the loose-leaf that are most likely to be useful to students. For ease of reference, the title of each of the omitted chapters is listed in the Preface to this edition. The Student Edition includes the Index found in the loose-leaf edition. The 2023 Student Edition is current to December 2022." --Page 4 of cover

Buist, M. (2020). Halsbury’s laws of Canada. Aboriginal -- 2020 Reissue (2020 Reissue). LexisNexis Canada.

Harrington, J. (2017). Interpreting the Charter. In P. C. Oliver, P. Macklem, & N. Des Rosiers (Eds.), The Oxford handbook of the Canadian constitution (p. 621). Oxford University Press.

This title provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law.

Grammond, Sébastien. (2017). Treaties as Constitutional Agreements. In P. C. Oliver, P. Macklem, & N. Des Rosiers (Eds.), The Oxford handbook of the Canadian constitution (p. 305). Oxford University Press.

Duplé, N. (2011). Droit constitutionnel: principes fondamentaux (5th ed.). Wilson & Lafleur.

Courchene, T. J. (2018). Indigenous nationals, Canadian citizens: from first contact to Canada 150 and beyond. Institute of Intergovernmental Relations, School of Policy Studies, Queen’s University. https://doi.org/10.1515/9781553394549

Indigenous Nationals/Canadian Citizens begins with a detailed policy history from first contact to the Sesquicentennial with major emphasis on the evolution of Canadian policy initiatives relating to Indigenous peoples. This is followed by a focus on the

Stevenson, A., & Waite, M. (2011). government. In Concise Oxford English dictionary (12th ed). Oxford University Press. http://www.oxfordreference.com/views/BOOK_SEARCH.html?book=t23

An English dictionary, featuring alphabetically arranged entries that encompass over 240,000 words, phrases, and definitions. In print through its various editions for a century, the Concise Oxford English Dictionaryis one of the most popular choices in Oxford's renowned dictionary line, selected by decades of users for its up-to-date and authoritative coverage of the English language

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Christie, G. (2003). Aboriginal Citizenship: Sections 35, 25 and 15 of Canada’s Constitution Act, 1982. Citizenship Studies, 7(4), 481–495. https://doi.org/10.1080/1362102032000134994

Citizenship is a key factor in the development of national identity. Any system for establishing and defining citizenship is meaningless as a tool for the creation of such an identity, however, without control of the mechanisms by which this system is designed and implemented. In this paper I propose to examine the constitutional status of an Aboriginal right to control the design and implementation of citizenship codes. As the judiciary in Canada begins to grapple with questions of Aboriginal self-determination, it must begin to consider the extent to which its own vision of Canada as a constitutional democracy, currently engaged in a project of reconciling Aboriginal peoples to the sovereignty of the Crown, will set out parameters for locating and constructing such a right. Within the confines of constitutional law in Canada, do Aboriginal peoples have a right to design and implement their own citizenship codes, free from interference from Canadian governments? Alternatively, is there such a right, but subject to some measure of control by the Crown, and perhaps subject to other constitutional instruments, such as the Charter of Rights and Freedoms?

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Isaac, T. (2002). “Canadian Charter of Rights and Freedoms”: The challenge of the individual and collective rights of Aboriginal people. WINDSOR YEARBOOK OF ACCESS TO JUSTICE, 21, 431–453. https://doi.org/10.3316/agispt.20220312063397

Section 25 of the 'Canadian Charter of Rights and Freedoms' is an important, yet not fully understood, interpretive provision. This section plays an important role in Canada's constitutional framework by shielding the rights of aboriginal people from negative impacts that the 'Charter' may have on such rights. However, the exact scope and significance of the role that section 25 plays in 'Charter' interpretation is uncertain. Through a textual analysis of section 25, this paper attempts to provide guidance on the provision's possible interpretation and application. In particular, the implementation of section 25 and the maintenance of a balance between the individual and collective rights of aboriginal people will be explored Such commentary is required because the role of section 25 will inevitably become more relevant as more aboriginal self-government agreements and arrangements are concluded.

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Otis, G. (2003). Election, Gouvernance Traditionelle et Droits Fondamentaux Chez les Peuples Autochtones du Canada. McGill Law Journal, 49(2), 393–418. https://heinonline.org/HOL/P?h=hein.journals/mcgil49&i=405

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Aménager la coexistence: les peuples autochtones et le droit canadien. (2003). Bruylant ; Éditions Yvon Blais.

Henderson, J. Y. (2006). First Nations jurisprudence and Aboriginal rights: defining the just society. Native Law Centre, University of Saskatchewan.

Kennedy, G. J. (2023). They’re All Interpretative: Towards a Consistent Approach to SS 25-31 of the Charter. U.B.C. Law Review / UBC Law Review, 56(3), 743–810. https://heinonline.org/HOL/P?h=hein.journals/ubclr56&i=767

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