Osgoode's Annual Constitutional Cases Conference


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


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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