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The Building Canada Act: A Legislative Framework for Undermining International Obligations

Authors: Jalissa Boucher & Joshua Cugini Over the last few decades, Canada has engaged with international partners to implement various obligations and treaty commitments aimed at environmental protection, including the Paris Agreement and the Agreement on EnvironmentalCooperation (which is part of the Canada-United States-Mexico Agreement or “CUSMA”). As a party to such legal instruments, Canada […]

Should Canadians be Worried about the Growing Power of the Executive Branch? The Recent Inclusion of Henry VIII Clauses in the “Nation-Building” Projects.

Authors: James, Skye & Ally New Provincial and Federal Legislation Is Aimed At “Nation-Building” The recent enactment of major project “fast-tracking” legislation by Canada and Ontario poses a threat to Indigenous sovereignty, environmental protection and constitutionally protected section 35 treaty rights by transferring power from provincial and federal legislatures to their Cabinets. Passed into law […]

Here to Stay: Aboriginal Title and Private Property Ownership

Authors: Henry Challen & Martin Whittaker Chief Sulsulxumaat, Cindy Daniels, of Cowichan Tribes. We are now seeing what happens when the constitutionally enshrined rights of Indigenous Peoples come face-to-face with what scholars have called the “sacred cow” of the Canadian political economy: colonially appropriated private property. According to historian Bryan Palmer, in Canada, colonialism and […]

Decolonizing Taxation?

February 12th, 2025 Authors: Alexander Qanbery and Blaise Matlock Indigenous governments require resources to provide services to their communities. While, in Canada, some funding for services in Indigenous communities comes from federal and provincial governments, these transfers typically have strings attached: colonial ideas about how the funds can be spent and the year-to-year political whims […]

Ottawa Hosts International Talks on the Future of Plastics

Author: Dania Ahmed As the world grapples with an escalating plastic pollution crisis, the need for a comprehensive and binding international agreement has never been more pressing. This sentiment was evident as national delegates gathered at the fourth session of the Intergovernmental Negotiating Committee on Plastic Pollution (INC-4), held in Ottawa, in April 2024. Despite […]

B.C. court acknowledges the costs of Free Entry mining system – what does it mean for Indigenous peoples in Ontario?

Author: Julia Brown A recent decision from the Supreme Court of British Columbia on mineral exploration may be useful to Indigenous peoples in Ontario arguing that they are entitled to deeper consultation and accommodation in the context of early mineral exploration activities. In Gitxaala v British Columbia (Chief Gold Commissioner) (“Gitxaala”), the Court was asked […]

Protection through Partnership: To Meet the UN’s 30x30 Target, Canada Should Look to International IPCA Models for Guidance

Authors: Kirti Vyas, Bridget Allen O’Neil, Angela Dittrich Prime Minister Justin Trudeau assured journalists at the fifteenth Conference of the Parties (COP15) to the Convention on Biological Diversity (CBD) that Canada will meet its “25 by 25 target.” Protecting 25 percent of Canada’s lands and oceans by 2025 is a promising step towards the more ambitious international goal of […]