Robert Hamilton

New Post: Teaching Dickson v Vuntut Gwitchin First Nation ablawg.ca/2025/03/13/tea…

A new article from me, "Can a “Moderate Livelihood” Fishery Reflect the Legal Pluralism of the Treaties of Peace and Friendship?" journals.lib.unb.ca/index.php/JNBS…

17 years ago today the UN General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples. A 🧵⤵️ on some key commitments in the government of Canada's UNDRIP implementation Action Plan. #UNDRIP #UNDeclaration #indigenousrights

The Tsilhqot'in Nation has launched an online cultural awareness course: tsilhqotin.ca/tsilhqotin-lau… #education #canadianhistory

@DAJHetherington @davevwright @JWatsonHamilton @HowieKislowicz @Lorian_H @nikolaou_nickie @ryanjclements @LawProfHolloway @molszyns Congrats, Derek!

Thank you to the many great profesors who helped me reach this goal, which include but are not limited to @davevwright @JWatsonHamilton @HowieKislowicz @Lorian_H @nikolaou_nickie @ryanjclements @LawProfHolloway @molszyns @LizWhitsit and @robert_rch.

I became a lawyer today.

My take on what the scc's decision in "Reference re An Act respecting First Nations, Inuit and Métis children, youth and families" means for provinces

Unparalleled ⁦⁩classrooms North of 60. Week two of ⁦@UCalgaryLaw⁩ Yukon course is underway and nothing short of amazing. A joy to be here with these engaged students and Profs Josh Nichols and ⁦@robert_rch⁩

And we’re back! What a delight and privilege it is to be back in the Yukon w ⁦@robert_rch⁩ teaching this year’s ⁦@UCalgaryLaw⁩ intensive course on Modern Treaties and Indigenous Self-Government. We’re off to a wonderful start with a great program ahead. 🙏

Albert'a sovereignty act apparently used as a model in Utah. Will be interesting to see how moves like this work in different constitutional contexts cnn.com/2024/02/19/us/…

Summary of the recent SCC decision on Indigenous Child and Family Services legislation. A few posts to follow digging into the reasoning in more detail.

New Post: Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families ablawg.ca/2024/02/20/leg…

Big decision - the SCC holds that An Act respecting First Nations, Inuit and Métis children, youth and families is constitutional in a unanimous decision. scc-csc.lexum.com/scc-csc/scc-cs…

@jessecmccormick One reason why it may have been helpful for the scc to say something about the scope of “federal jurisdictional responsibility” under 91(24) in the IAA reference (and on the relationship between 91(24) and 35).

This is a missed opportunity that could have been used to confirm that the Government of Canada would ensure that the protections for Indigenous Peoples in amended legislation will be as strong or stronger than the current IAA. Here is hoping they move fast. 2/2

“Consultation will continue with Indigenous Peoples through existing assessment processes, as they relate to a clear area of federal jurisdictional responsibility” Interim Guidance on the Impact Assessment Act 1/2 tinyurl.com/munny9zy

@sjfranks though upholding the incorporation sections of the Act would require a fairly strong interpretation of what the feds can do under 91(24). I don’t think anything in the IAA ref is inconsistent with that, though.

@sjfranks Thanks, Scott. I'm also wondering what, if anything, we can glean about the c-92 reference from this. I would not be surprised if they decline to answer the self-gov question as you say (which would sidestep the s.35/provinces issue)…

Great analysis by @robert_rch on the recent IAA reference and the Court's choice not to clarify the relationship between s. 91(24) and s. 35, and the relevance of UNDRIP. ablawg.ca/2023/10/25/the… I have some thoughts 👇

Some thoughts about the IAA Reference and a missed opportunity to provide clarity on important issues re s91(24) and s35.

New Post: Wait, What!? What the Supreme Court Actually Said in the IAA Reference ablawg.ca/2023/10/16/wai…

New on CanLII: "The Future of Treaty Interpretation in Yahey v British Columbia: Clarification on Cumulative Effects, Common Intentions, and Treaty Infringement" by Robert Hamilton (@robert_rch) and Nicholas P. Ettinger; featured in @RDO_OLR vol 54 no 1 zurl.co/uQVh