In the thesis I’m in the midst of writing, about burdens of proof in litigation between First Nations and the Crown pursuant to s.35(1) of the Constitution Act, 1982, I argue that the Crown invariably takes a position that denies any meaning to the guarantees of Aboriginal and treaty rights in that section, contrary to numerous Supreme Court decisions.
I’ve just come across a statutory example of the same sort of conduct in the Proceedings of the Senate Committee on Aboriginal Peoples, from May 31, 2010, almost two years ago.
In 2088, Parliament amended the Canadian Human Rights Act ( . . . [more]