Session 2 - Questions of Jurisdiction | 24th Annual Constitutional Cases Conference

• Main Authors: Thériault, Sophie, Adams, Eric M., Kong, Hoi L.
• Format: Text
• Language: unknown
• Published: Osgoode Digital Commons 2021
• Subjects: Law; Newfoundland
• Online Access: https://digitalcommons.osgoode.yorku.ca/constitutional_cases/2; https://digitalcommons.osgoode.yorku.ca/context/constitutional_cases/article/1001/type/native/viewcontent

Our panelists will speak to some complex cases where the Supreme Court ruled on questions of jurisdiction, including the adjudicative jurisdiction of a Superior Court over property outside of the province in cases concerning Aboriginal title and other Aboriginal rights recognized and affirmed by s. 35 of the Constitution Act, 1982 , and the scope of the Federal Criminal Law Power, by looking at an impugned law’s pith and substance, and the relationship between public health and criminal law purposes. Cases: Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani‑Utenam), 2020 SCC 4; Reference re Genetic Non-Discrimination Act, 2020 SCC 17. 0:00 Session 2 Introduction 1:51 "Indigenous Peoples’ rights and the Canadian Constitutional Structure: the Challenge of Transboundary Claims", Sophie Thériault 24:02 "Touch of Evil: Disagreements at the Heart of the Criminal Law Power", Eric Adams 44:08 Panel Q&A