Constitutional
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December 17, 2025
Experts warn reading of UNDRIP into B.C. law could cause major legal uncertainty
Legal experts are warning that a landmark B.C. Court of Appeal ruling requiring all provincial laws to be interpreted in line with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) has introduced an unprecedented level of legal uncertainty in the province.
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December 15, 2025
B.C. court dismisses appeal; treaty-rights defence over severalty land can proceed
The British Columbia Court of Appeal has dismissed an appeal of a regional district and the province, upholding the finding that it may be arguable that lands that were transferred in fee simple under a treaty agreement may still have some characteristics of treaty land for purposes of s. 35 of the Constitution Act.
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December 15, 2025
Joint trials, case complexity allow Crown to stray from Jordan guidelines, says Ontario Appeal Court
In a case involving two respondents charged with drug offences as part of a massive 11-month interagency investigation of cross-border trafficking, the Ontario Court of Appeal has set aside the stay of proceedings against them and ordered a new trial.
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December 12, 2025
CBA warns against undermining courts after B.C. premier’s remarks on ‘toxic’ impact of rulings
Canadian Bar Association president Bianca Kratt has issued a statement calling on governments to avoid statements that damage the legitimacy of courts following B.C. Premier David Eby’s recent comments describing court decisions concerning Indigenous rights as creating “toxic” uncertainty.
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December 12, 2025
B.C. Court of Appeal rules UNDRIP part of provincial law
British Columbia’s top court has held that the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is part of B.C. law and that the province’s mineral claims regime is inconsistent with UNDRIP.
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December 11, 2025
Proposed Alberta independence question violates Charter, Indigenous treaty rights: judge
A judge has ruled that a proposed referendum question on Alberta independence is unconstitutional — and has called out the provincial government for proposing a law that would take away the future ability for a court to determine whether such a question would violate Charter rights.
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December 10, 2025
Alberta’s passage of notwithstanding clause bill slammed by legal, rights groups
Alberta has once again used the Charter’s notwithstanding clause to shield its legislation from constitutional scrutiny, this time for laws affecting medical treatment and pronoun use by transgender youth.
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December 10, 2025
McCarthy Tétrault adds Alastair MacKinnon as partner in Calgary
McCarthy Tétrault has welcomed Alastair MacKinnon as a partner in its business law group in Calgary.
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December 09, 2025
Court finds Canada owes a duty to First Nations regarding supply of clean drinking water
In a class action proceeding, the Federal Court has recognized a sui generis fiduciary duty owed by Canada to the Shamattawa First Nation, addressing the long-standing issue of inadequate access to safe drinking water on reserves.
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December 09, 2025
N.S. police could refuse order to crack down on illegal cannabis sales: expert
Nova Scotia has directed police in the province to crack down on illegal sellers of cannabis — but one expert says they may be able to refuse due to government overreach. Dalhousie University Schulich School of Law professor emeritus Wayne MacKay said the recent directive compromises the independence of the police operations and is “pushing the limits a bit of what is appropriate.”