Section 91(24): The Evolution of Federal Jurisdiction and Implications for Provincial Governments, Métis and Non-Status People
February 2, 2016

What are the legal obligations arising from section 91(24) and flowing from the fiduciary duty and honour of the Crown? The law has evolved over the last 40 years to reflect the changing role of provincial governments in relationships with First Nations and individual Aboriginal people. Join Professor Catherine Bell and Gord Hannon for a discussion of some of the seminal cases and developments in this area, including:

  • R. v. Cardinal (1974): First Nation reserves are not enclaves and Provincial laws apply of their own force
  • Section 35 of the Constitution Act (1982): the Crown’s Duty of Consultation and Accommodation
  • Tsilhqot’in Nation (2014): Limitation of doctrine of Interjurisdictional ImmunityGrassy Narrows First Nation v. Ontario (2014): Province’s ability to take up land under treaty and the duties of the Crown to apply to the Province

The program will also include a discussion of the issues on appeal to the Supreme Court in R. v. Daniels, including what is the practical utility of section 91(24) jurisdiction over the Métis.

Allison Fenske, Public Interest Law Centre, Legal Aid Manitoba

Catherine Bell, Professor, Faculty of Law, University of Alberta
Gord Hannon, Manitoba Justice

CPD hours: 1.5
EPPM hours: 1.5

Price: $50.00 + GST = $52.50