Nanda Law will be representing interveners in two separate appeals before the Supreme Court of Canada this month that address major public law issues.
In Jean-François Morasse v. Gabriel Nadeau-Dubois, the Supreme Court of Canada will consider whether statements made by Gabriel Nadeau-Dubois, a leader of the student protests that gripped Quebec in 2012, constitute contempt of court for contravening an interim interlocutory injunction preventing individuals from obstructing or impeding access to university classes. Nanda Law, along with Ranjan Agarwal and Faiz Lalani of Bennett Jones LLP, will be representing the intervener Alberta Public Interest Research Group (APIRG), a student advocacy organization based at the University of Alberta. APIRG will be arguing that the contempt power, which is the inherent jurisdiction of the provincial superior courts, must be exercised in a manner that respects Charter values. In circumstances where contempt proceedings impinge the Charter value of free expression, the court should employ the Dagenais framework to ensure that the right to democratic expression is sufficiently protected.
In Musqueam Indian Band v. Musqueam Indian Band Board of Review, et al., the Supreme Court of Canada will interpret the meaning of "by the band" in the Musqueam Indian Band bylaw that governs the assessment and taxation of Musqueam reserve lands. The appeal deals with the same piece of reserve land that was in dispute in R v Guerin, and involves how and to what extent the Musqueam can tax the portion of its reserve lands that comprise the Shaughnessy Golf and Country Club. Specifically, whether restrictions imposed on reserve lands "by the band" encompass restrictions directly imposed by the Musqueam, or restrictions imposed by the Musqueam and the Crown on behalf of the Musqueam, including the 1958 lease entered into by the Crown with the Shaughnessy Golf and Country Club.
Nanda Law represents the Council for the Advancement of Native Development Officers (CANDO). Cando will be arguing that the purpose and intent behind the legislative framework that provides First Nations the mechanism through which to tax reserve lands must be incorporated into any interpretation of the Musqueam bylaw and what is meant by the term "by the band" in the provision in dispute. The purpose and intent of the legislative framework, which is a dynamic collaboration between Parliament, legislatures, and First Nations communities, is to foster the principles of self-government by providing First Nations greater control and agency over reserve lands.
Nanda Law specializes in appeals, representing both the primary parties and interveners in a range of different public law matters. Please contact our office if you would like to retain Nanda Law in your public law appeal.