Recognizing Aboriginal Rights: Beyond the Van der Peet Test

It's the series finale of Lawyered! To cap off and celebrate 10 amazing years of podcasting, I'm switching roles and taking the hot seat as the guest! Hosting this special episode is the incredible Fatema Dada—mentor, lawyer, community leader and more. We'll dive into the show's origins and production journey, share tangible tips for content creators and lawyers, and explore what's next on the horizon.🔵 What inspired the creation of this podcast, both conceptually and practically? (10:09)🔵 Can you walk us through the behind-the-scenes production process? (14:52)🔵 What have been some of the standout moments and key lessons from the show? (32:16)🔵 Who were some of the most memorable—or unexpected—guests you've featured? (41:41)🔵 Why is now the right time for the podcast to come to an end? (47:01)🔵 What are the most valuable insights you'd share with lawyers and content creators? (1:02:46) ✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website Thank you to everyone who has supported the show over the past decade in our mission to declutter the law!

In our Ask-Me-Anything Segment of our episode about the right to a trial without delay, featuring Daniel Brown, we cover a range of questions submitted by the Lawyered Patreon community.⚫ How do issues like the availability of court resources and judicial vacancies contribute to delays in the criminal justice system? (41:49)⚫ How should the legal system balance the right to a timely trial with the need for thorough investigation and fair prosecution? (45:09)⚫ How do cultural and systemic biases within the judicial system impact the application of Section 11(b), particularly for marginalized communities? (48:10)⚫ What are some of the other significant ways in which the criminal law space has changed over the last 5-10 years? (51:31)⚫ What are some things that lawyers can do to improve access to justice? (54:42) ✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website ✨ Help to declutter the law on the Lawyered crowdfunding page

In part three of our episode about the right to a trial without delay, featuring Daniel Brown, we'll canvas some progressive reforms to address systemic issues in the criminal justice system. ✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website ✨ Help to declutter the law on the Lawyered crowdfunding page

In part two of our episode about the right to a trial without delay, featuring Daniel Brown, we'll discuss a new appellate decision that explains how the duration of interlocutory motions will impact the calculation of criminal trial delay.  ✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website ✨ Help to declutter the law on the Lawyered crowdfunding page

In part one of our episode about the right to a trial without delay, featuring Daniel Brown, we'll discuss a proposed federal bill (Bill C-392) that would allow the government to exempt certain types of offenses from the prescribed time limits for criminal trials.  ✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website ✨ Help to declutter the law on the Lawyered crowdfunding page

On our substantive series finale, we speak with iconic criminal defense lawyer, Daniel Brown, about section 11(b) of the Charter and the right to a trial within a reasonable time. Topics: Bill C-392, interlocutory motions and trial delay calculations; progressive solutions to address systemic issues in the criminal justice system; and our final Ask-Me-Anything segment. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements. 🔵 Could new legislation override the "Jordan timeframes" and the constitutional right to a trial within a reasonable time? (14:40)🔵 How does the time allocated for interlocutory motions impact the calculation of trial delay? (22:57)🔵 What are some progressive solutions that can address systemic delay issues within the criminal justice system? (31:31)🔵 Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (41:27)⚫ How do issues like the availability of court resources and judicial vacancies contribute to delays in the criminal justice system? (41:49)⚫ How should the legal system balance the right to a timely trial with the need for thorough investigation and fair prosecution? (45:09)⚫ How do cultural and systemic biases within the judicial system impact the application of Section 11(b), particularly for marginalized communities? (48:10)⚫ What are some of the other significant ways in which the criminal law space has changed over the last 5-10 years? (51:31)⚫ What are some things that lawyers can do to improve access to justice? (54:42) ✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website ✨ Help to declutter the law on the Lawyered crowdfunding page

In our Ask-Me-Anything Segment of our public law episode with Zain Naqi, we cover a range of questions submitted by the Lawyered Patreon community. 🔵 What impact will recent decisions on public interest standing have on access to justice? (42:00)🔵 What are your thoughts on the increasing invocation of the notwithstanding clause by provinces and the constitutional limits to its use? (45:40)🔵 How has Canada's experience compared to the United States regarding concerns about the "politicization of the courts" and the separation of powers between the judiciary and the executive branches of government? (47:42)🔵 What other public law developments do you anticipate courts will be facing in the near future? (51:00) ✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website ✨ Help to declutter the law on the Lawyered crowdfunding page

In part three of our public law episode with Zain Naqi, we'll speak an upcoming Supreme Court case regarding section 7 rights in the context of the "material benefit" offence of sex work provisions. ✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website ✨ Help to declutter the law on the Lawyered crowdfunding page  

In part two of our public law episode with Zain Naqi, we'll speak about a new legal test for recognizing Aboriginal rights under Section 35 of the Canadian Charter of Rights and Freedoms ✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website ✨ Help to declutter the law on the Lawyered crowdfunding page

This week, we're speaking about public law and government decision-making with Zain Naqi, a Toronto litigator with an extensive public law and appeals practice. Topics: evolving doctrines of crown immunity; a new test for Aboriginal title; and section 7 implication for sex work provisions. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements. 🔵 How has recent caselaw influenced the Crown's ability to immunize its own operational decisions from legal challenge? (13:36)🔵 How might a recent Quebec Superior Court decision revise the Van der Peet test for identifying Aboriginal rights? (22:26)🔵 What are the section 7 Charter implications of an upcoming Supreme Court hearing 🔵 Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (41:28)⚫ What impact will recent decisions on public interest standing have on access to justice? (42:00)⚫ What are your thoughts on the increasing invocation of the notwithstanding clause by provinces and the constitutional limits to its use? (45:40)⚫ How has Canada's experience compared to the United States regarding concerns about the "politicization of the courts" and the separation of powers between the judiciary and the executive branches of government? (47:42)⚫ What other public law developments do you anticipate courts will be facing in the near future? (51:00) ✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website ✨ Help to declutter the law on the Lawyered crowdfunding page