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Consultation with First Nations: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a case involving the Huron-Wendat First Nation and the Canadian government’s constitutional duty to consult. While the Nation’s main application—arguing they were not adequately consulted on a development project—was waiting to be heard in Superior Court, the government attempted to move forward with the project. The Huron-Wendat First Nation sought an interim stay to pause the project until the issue of consultation could be resolved. The court refused, and the Supreme Court of Canada declined to hear the case. This decision raises serious concerns about how Canada’s duty to consult is respected—or disregarded—in practice.

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Consultation with First Nations: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Consultation with First Nations: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Confessions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a case that raised serious questions about how mental health affects the voluntariness of confessions. In a sexual assault trial, the accused sought to exclude a statement made to police, arguing that he lacked an “operating mind” due to a severe mental health episode at the time. The court disagreed and admitted the statement. The Supreme Court of Canada declined to hear the appeal—missing a critical opportunity to modernize and clarify the voluntariness rule in light of evolving mental health understanding.

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Confessions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Confessions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Declarations Made by Provinces: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a constitutional challenge to a provincial declaration—and why the Supreme Court of Canada missed an opportunity to define the limits of provincial powers when it comes to international issues.

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Declarations Made by Provinces: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Declarations Made by Provinces: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Indigenous Rights and Protests: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.

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Indigenous Rights and Protests: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Indigenous Rights and Protests: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Circumstantial Evidence & Sexual Assault: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a crucial case involving circumstantial evidence in a sexual assault trial, highlighting issues surrounding consent and the evidentiary standards for intoxication.

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Circumstantial Evidence & Sexual Assault: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Circumstantial Evidence & Sexual Assault: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

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