Ontario’s appeal of the Restoule Court of Appeal decision was argued before a full panel of the Supreme Court of Canada on November 7th and 8th, 2023. The writer was present in the courtroom. Ontario was the only appellant. Canada supported the position of the treaty...
Peter Best
A Commentary On The Restoule Case As It Comes Before The Supreme Court Of Canada
On November 7th and 8th , 2023, several important legal and fiscal issues will be argued before the Supreme Court of Canada in the Crown-Indigenous rights case: Restoule vs. Ontario and Canada. The main issue is whether the 19 th century treaties that Great Britain...
Ottawa’s and BC’s Plans for Reconciliation with Indigenous Peoples will Destroy Canada
“A government’s most basic function is the protection of its sovereignty.” – Simon Schama Internal attacks by our political and judicial elites against the sovereignty of our country’s federal, provincial, and territorial governments are placing the existence of...
1889 Book Provides a Way Forward for Aboriginal Policy in Canada Today
John McLean was a Christian missionary who lived for nine years with the Blood (Kainai) Indians in present-day Southern Alberta, learning their language, customs and traditions. Based on this, in 1889, at the request of the Smithsonian Institution, he wrote The...
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There’s Nothing Fair About Canadian Health Care
For the past 14 years, Vancouver surgeon Dr. Brian Day has led the charge for health-care reform, pushing for the right of patients to pay for private care if their health and well-being are threatened as a result of waiting in a stagnant and overburdened public...
Transformers: More than Meets the Eye
The path to net zero, based on the much disputed belief that carbon dioxide is a pollution, is more steep and impractical than most people realize. Replacing fossil fuels with clean electricity will require much more power generation and a greatly upgraded grid to...
Restoule v. Ontario and Canada: A Weak Court of Appeal Win Contains the Seeds of a Practical Loss (Part 1 of 2)
Background In 1850, the 21 Ontario Indian bands along the north shores of lakes Huron and Superior, by the terms of the Robinson Treaties, surrendered and ceded to the Crown all their claims to ownership of the treaties territories in exchange for monies paid and to...
Time to End Section 35?
Canada achieved it’s now-waning state of greatness through the application in its governance of over a century of classic liberal social, economic and political principles. Liberalism, (not to be confused with the illiberal dogmatism practised by the Liberal Party of...
The Myth of Indigenous Law in Canada
In a recent Globe and Mail article, two lawyers, one a Toronto law professor and the other an Indigenous member of the Indigenous Bar Association, advanced the benignly racist argument that Canada should appoint a Supreme Court Justice on the basis of his or her...
Canada’s Aboriginal Policies Constitute the Rejection of our Enlightenment Heritage
Richard Gwyn, author of Nation Maker—Sir John A. Macdonald: His Life, Our Times, a biography of Canada’s first prime minister, reported that in the 1950s—the decade I grew up in—was a time “…when Canadians came to realize and believe that a ‘new nationality’ could be...
Lacking of Judicial Principles in Writing the TRC Report
It’s a mystery why some people suddenly eschew their past principles. This phenomenon is especially notable when people of power and fame forget principles they have sworn to uphold as responsible professionals. This mystery is evident in Senator Murray Sinclair’s...
The Unintentional Racism Underlying the Indigenous Rights Movement
“God hath made of one blood all nations of men to dwell on the face of the earth.” -Acts 17:26 “Then I was standing on the highest mountain of them all, and round about me was the whole hoop of the world. And while I stood there I saw more that I can tell and I...
The Nova Scotia Lobster Fishing Dispute is an Affront to Canadian Law
The recent lobster fishery dispute shows us that, for the sake of the survival of Canada’s fish and lobster stocks, and to uphold the rule of law, Canadian governments must exercise their constitutional duty to prohibit illegal Indigenous fishing. Indigenous people...
The Grave Danger of Race-Based Law Enforcement in Canada
Canadians are angry at the passivity of our governments and police forces in the face of Indigenous lawbreaking, such as the illegal land occupations, road and railway blockades, and breaches of conservation laws. Increasingly Canadians realize that there is “One law...
Why Indigenous Land Acknowledgments are Harmful to the Public Interest
“... if it was not so serious Espanola’s declaration or whatever it is would be laughable, but it is not alone … So few realize if this .. continues some years from now it will be used in some claim.” -Retired Supreme Court Justice Jack Major. The...