Authoritarian attacks on foundational principles of the rule of law have escalated in the United States since President Trump’s inauguration. This column expands on my previous column and looks at the role of Christian religious nationalists who have joined politicians and billionaires in the Trump administration’s mission to dominate every branch of the US government and civil society, and to invert the rule of law in North America and globally.

Religious nationalism in a global context

Historical records are strewn with tragic results of entanglements among religious, economic, and imperial powers. Those whose lands, resources, and cultures have been overtaken . . . [more]

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

What Roe v Wade Should Have Said: The Nation’s Top Legal Experts Rewrite America’s Most Controversial Decision. Edited by Jack M Balkin. Revised edition. New York, NY: New York University Press, 2023. xiv, 344 p. Includes bibliographical references, table of cases, and index. ISBN 9781479824489 (hardcover) US$89.00; ISBN 9781479823109 (softcover) . . . [more]

Introduction

In June of 2022, the Government of Canada tabled Bill C-27, the Digital Charter Implementation Act,[1] making it one of the earlier countries in the world to commence work on a national level Artificial Intelligence (AI) regulatory framework. Unfortunately, due to a complex array of factors—including criticisms of its scope, legislative delays and political instability—the bill now faces a significant risk of failure.

Bill C-27 is an omnibus bill that contains three pieces of legislation including the Consumer Privacy Protection Act (CPPA), the Personal Information and Data Protection Tribunal Act (PIDPA) and the Artificial Intelligence Data Act . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Borderlines Podcast 2. First Reference 3. Robichaud’s Criminal Law Blog 4. Family LLB 5. Lawyered Podcast

Borderlines Podcast
#127 – Maintaining Permanent Residence and Changes to Citizenship by Descent

This episode is a historical deep dive on Order in Council PC 1911-1324, an Order in Council from . . . [more]

This is a brief summary of the Impact Assessment Act reference case by Anna Johnston, counsel for the intervenors West Coast Environmental Law Association and Nature Canada on the file. You can find a more detailed analysis here.

On October 13, 2023, the Supreme Court of Canada released its opinion on the constitutionality of the federal Impact Assessment Act (IAA), with a 5-2 majority, led by Chief Justice Wagner, finding that the main scheme of the Act is unconstitutional.

West Coast intervened in the case along with Nature Canada, so we had a front-row seat to the arguments. In . . . [more]

Disputed territories is a term that comes and goes, depending on who is doing the disputing and whether the claims can be attached to other geopolitical trends or issues. Personally, I’m currently working on the concept as part of my research for my upcoming book, Legal and Government Research on US and Canadian Territories. Territories are incredibly different from one another and they continue to develop in multiple shapes and forms. For a long time, the term “territory” has become a useful bucket where national governments, the law, media, academia and national narratives lock these places in an attempt . . . [more]

Recently, delegates from around the world visited xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and səlilwətaɬ (Tsleil-Waututh) Nations’ territory in Vancouver to attend the fifth International Marine Protected Areas Congress (“IMPAC5”). Three thousand attendees took part in the week-long event after it was postponed for over two years due to the COVID-19 pandemic.

Canada is committed to protecting 30% of land and ocean by 2030 (known as “30 by 30”) – a goal reaffirmed through the Kunming-Montreal Biodiversity Agreement, which Canada signed in December 2022. Currently though, only about 14% of marine areas have been protected under Canadian law. To meet that goal . . . [more]

Disproportionate violence against Indigenous persons in Canada includes uncounted disappearances of Indigenous children, women, and men. Canada’s decades of failure to prevent and halt disappearances forms part of a long litany of grave international human rights violations against Indigenous Peoples. Continued reports of officially hushed-up violence lead to increasingly clarion allegations of genocide.

An unknown number of children remain unaccounted for after going missing from Canada’s notorious “Indian Residential Schools.” Hundreds – possibly thousands – of Indigenous women, girls, two-spirit, and others with diverse gender identities (2SLGBTQQIA) have disappeared without adequate investigation. Police have forcibly taken Indigenous persons . . . [more]

Between 2018 and 2020, the Province of British Columbia granted multiple mineral claims on Banks Island, in the heart of Gitxaała Nation’s territory, without consulting Gitxaała. Under BC’s current Mineral Tenure Act, virtually anyone can become a “free miner” and acquire mineral rights online for a nominal fee through an automated system – with no requirement for Indigenous consultation or consent, or even notification.

The problematic practice of granting mineral tenures without consent is not new. In fact, it’s very old – with roots that date back to the Gold Rush era in BC, when colonial laws were first . . . [more]

From December 7-19, the 15^th meeting of the Conference of Parties (COP15) of the UN Convention on Biological Diversity was held in Montreal. Among the discussions abuzz was how Canada, and the over 100 other nations who formally supported the call to protect 30% of the world’s lands and oceans by 2030 in order to prevent catastrophic biodiversity loss, would make this happen.

Canada has not only supported this call, but has pledged to meet this target in the G7 Nature Compact. Having the second largest land mass in the world, Canada has a large role to play . . . [more]

In my last post, I considered the Ontario Agricultural, Food and Rural Affairs Appeal Tribunal’s (“AFRAAT) and Ontario Divisional Court’s rejection of the United Food and Commercial Workers International Union’s (“UFCW”) constitutional challenge to the Agricultural Employees Protection Act (“AEPA”). Here I argue that the AFRAAT and the Divisional Court have reinforced the distinctions between the AEPA and the Labour Relations Act, 1995 (“LRA”). In doing so, they refused the Supreme Court of Canada’s invitation in Fraser to be flexible in their interpretation of the AEPA. . . . [more]