Canada: Human Rights

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Article
Constitutionality Of First Nation Membership Codes
The Indian Act's registration provisions have undergone multiple amendments to address sex-based discrimination, yet many First Nations membership codes still incorporate outdated eligibility criteria from the 1985 Act. Recent court decisions have found these membership codes unconstitutional when they perpetuate the same discriminatory provisions that were challenged and remedied through Bills C-3 and S-3, creating a two-tier citizenship system that disadvantages descendants of female ancestors compared to
Canada Government
MA
MLT Aikins LLP
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
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
Article
Manitoba Jurist Glenn Joyal Nominated To The Supreme Court Of Canada
Prime Minister Mark Carney has nominated Chief Justice Glenn D. Joyal of Manitoba's Court of King's Bench to fill the Western Canada seat on the Supreme Court of Canada. This historic appointment marks Manitoba's first representation on the nation's highest court in over a decade and maintains the tradition of regional representation and functional bilingualism at the Supreme Court level.
Canada Government
BL
Borden Ladner Gervais LLP
Article
Pregnancy Discrimination In Canada Remains An Ongoing Workplace Issue
Canadian law has evolved significantly since the Supreme Court's 1989 decision in Brooks v. Canada Safeway Ltd., which recognized pregnancy discrimination as a form of sex discrimination. Yet despite comprehensive human rights protections across federal, provincial and territorial jurisdictions, pregnancy discrimination continues to appear before tribunals nationwide, manifesting in terminations, hiring refusals, reduced hours, and failures to accommodate pregnancy-related workplace needs.
Canada Employment
TD
Thompson Dorfman Sweatman LLP
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