reconciliation

Statute as Shield: The Contradictory Nature of Limitation Periods in the Context of Reconciliation

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Written by Noah Lesiuk Following the decision of the Supreme Court of Canada (“SCC”) in Guerin v The Queen, precedent has solidified that limitation periods apply to Indigenous claims against the Crown.[1] In fact, the operation of such a doctrine in the Indigenous context is not only immortalized in the jurisprudence, but expressly conveyed through statutory authority. […]

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Clarified Definition of Impecuniosity Advances to Justice in Indigenous Litigation in Canada

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By Eric Epp Recently, in Anderson v Alberta, the Supreme Court refined the test for impecuniosity when determining whether to award advance costs in litigation pursued in the public interest. This is to be given special consideration when it involves First Nations claims in order to pursue reconciliation. The new test allows for impecuniosity to be

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