White and Montour decision: Treaty rights to conflict resolution

By Soudeh Alikhani, Julian Riddell and Kate Kempton (March 5, 2024, 1:52 PM EST) -- This is the last in a four-part series of commentary on the Superior Court of Quebec’s recent decision in R. c. Montour, 2023 QCCS 4154. This part focuses on the court’s finding of a treaty right to a “conflict-resolution procedure” protected by s. 35 of the Constitution Act, 1982; how it can be extended to other historic treaties made in similar contexts; and how this renewed reading of treaties breathes life into Indigenous peoples’ right to self-determination in Canadian law....