cover image: IN THE SUPREME COURT OF CANADA   ATTORNEY GENERAL OF QUÉBEC

20.500.12592/rr4xnzb

IN THE SUPREME COURT OF CANADA ATTORNEY GENERAL OF QUÉBEC

12 Feb 2024

Overview This appeal raises important issues regarding the circumstances in which the honour of the Crown is engaged and the scope of the duties that flow from it, particularly in the context of funding arrangements for public services between the Crown and First Nations, Inuit and Métis communities. [...] The proposed intervener: First Nations Child and Family Caring Society of Canada Founded in 1998, the Caring Society is a national non-profit organization committed to research, training, networking, policy, and public education to promote the well-being of First Nations children, youth, and families.1 The Caring Society is the only national organization with the specific mandate to promote the we. [...] The Caring Society has specialized expertise that will assist the Court The issues raised by the parties require a complex analysis of when the honour of the Crown is engaged, the extent of the obligations that flow from it, and the interplay between constitutional norms and legal norms found in the Civil Code or Indigenous legal orders. [...] The honour of the Crown emerged following the “‘superimposition of European laws and customs’ on pre-existing Aboriginal societies”.27 It imposes corollary obligations on the Crown to treat their modern-day successors fairly and honourably “as part of an ongoing process of reconciliation”.28 The honour of the Crown is therefore directly engaged when the Crown makes promises that form part of the p. [...] a) The honour of the Crown is an overarching principle that gives rise to various applications.41 Those identified to this point include: the use of the honour of the Crown as an interpretive aid;42 the duty to consult and accommodate;43 the Crown’s fiduciary duty when the Crown assumes “discretionary control over cognizable Indigenous interests”;44 the duty to negotiate and (in the course of such.

Authors

Debra Burke-Lachaine

Pages
37
Published in
Canada
Title in English
IN THE SUPREME COURT OF CANADA ATTORNEY GENERAL OF QUÉBEC [from PDF fonts]