Canada: Human Rights

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
Video
CPD ACCREDITED Webinar: Criminal Justice & Sexual Violence: Challenges, Gaps & Emerging Approaches (Video)
Leading voices in prosecution, defence, survivor advocacy, and social work research examine systemic barriers sexual assault survivors face at every stage of the legal process in Canada. This panel discussion explores evidentiary challenges, trauma-informed justice practices, and emerging approaches designed to close longstanding gaps between survivors and accountability.
Canada Criminal
GP
Gluckstein Lawyers
Article
New Yellowhead Institute Report Examines Bill S-2, The Indian Act, And The Question Of Belonging
Bill S-2 remains before Parliament, creating a critical opportunity to examine what legal reform can achieve and what questions must be determined by First Nation governments and communities themselves. Through a relational ethics of care framework, this contribution to Yellowhead Institute's special report explores whether Indian Act amendments should be viewed solely as constitutional compliance or as part of a broader dialogue about relationships, responsibility, and belonging.
Canada Government
JFK Law LLP
Article
Public Power Cannot Be Walled Off From Court Oversight: What Democracy Watch Means For Aboriginal Consultation And Environmental Decision-Making
The Supreme Court of Canada’s recent decision in Democracy Watch v. Canada (Attorney General)[1] brings renewed focus to a familiar feature of administrative statutes: provisions known as “privative clauses,” which seek to limit court oversight of the legality of actions and decisions taken by statutory bodies such as administrative boards and tribunals.
Canada Government
JFK Law LLP
Article
Alberta Human Rights Tribunal Found To Have Jurisdiction Despite Parallel Union Grievance
In Haynes v Alberta (Human Rights Commission and Tribunal), 2026 ABKB 575 [Haynes] the Court of King’s Bench took a closer look at the discretion held by the Director of the Commission and the Chief of the Commission and Tribunals, and it provided further clarity on a complainant’s ability to proceed before the Tribunal when they have other more appropriate forums available for resolution.
Canada Government
BR
Bow River Law
Article
Indian Status Versus Band Membership: What Is The Difference?
Canada's Indian Act has defined Indigenous identity through registration systems for over 150 years, but the 1985 Bill C-31 amendments fundamentally changed how First Nations determine membership. This article examines the critical distinction between Indian status—a federal legal designation—and band membership, which many Nations now control through their own membership codes, exploring how these parallel systems shape Indigenous identity and rights today.
Canada Government
MA
MLT Aikins LLP
Article
Myths And Stereotypes Regarding Sexual Violence: Superior Court Confirms The Constitutional Validity Of Article 2858.1 C.C.Q.
The Quebec Superior Court has ruled on the constitutionality of article 2858.1 of the Civil Code of Quebec, which establishes a presumption of irrelevance for evidence based on myths and stereotypes in cases involving sexual and spousal violence. The decision addresses whether this evidentiary framework infringes upon constitutional rights including reputation, full answer and defence, procedural fairness, and the right to a public hearing.
Canada Litigation
L,
Langlois Lawyers, LLP
Article
Alberta Court Of Appeal Confirms That Specific Evidence Is Essential To Establish Standing Before The AER
The Alberta Court of Appeal has reinforced the evidentiary requirements for Indigenous groups seeking standing before the Alberta Energy Regulator, clarifying that specific evidence demonstrating how a proposed approval could directly affect the exercise of Indigenous rights is essential. This decision addresses the intersection of regulatory standing requirements and Indigenous rights claims, while also examining the role of cumulative effects in establishing standing for regulatory appeals.
Canada Government
D
Dentons Canada LLP
Article
When The Ground Shifts Underneath An Environmental Assessment Certificate: How Evolving Indigenous Claims Can Unsettle Major Projects
A BC Supreme Court decision has quashed a substantial start determination for a major mining project, finding the Crown failed to adequately consult an Indigenous nation after the Province's understanding of their territorial claim evolved. The ruling examines how changing circumstances can trigger fresh consultation obligations even after environmental certificates are issued, and what constitutes "substantial start" under BC's environmental assessment regime.
Canada Environment
GW
Gowling WLG
Article
Recent Developments In Aboriginal Title Litigation
Recent Canadian court decisions have produced conflicting rulings on whether Aboriginal title can be declared over privately owned fee simple lands, creating legal uncertainty across the country. With the Supreme Court of Canada declining to resolve the issue and appeals still pending, governments, landowners, and Indigenous nations face an unsettled legal landscape that demands careful navigation and strategic planning.
Canada Government
BL
Borden Ladner Gervais LLP
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