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The Friday Brief

The Friday Brief: Managing Editor’s must-read items from this week

Friday, October 12, 2018 @ 2:40 PM | By Matthew Grace

Matthew Grace %>
Matthew Grace
Here are my picks for the top stories we published this week.

SCC rules 7-2 there is no Crown duty to consult with First Nations when developing and enacting laws
The Supreme Court has determined 7-2 that the Crown’s constitutional duty to consult with Indigenous peoples does not apply when legislators are making laws.

Pressure mounting on judicial council to end Smith inquiry as Sinclair, local bar insist judge did nothing wrong
Sen. Murray Sinclair is the latest jurist to join the growing public campaign that is calling for an end to the Canadian Judicial Council’s (CJC) review of Ontario Superior Court Justice Patrick Smith’s decision to temporarily assume the academic deanship of Lakehead University’s new faculty of law.

Live streaming appeal a next step to open courts in Saskatchewan, says chief justice
Live streaming is “likely the future” for Saskatchewan’s Appeal Court, says its chief justice following the media’s successful streaming of a convicted killer’s high-profile appeal.

The Indigenous right to say no
In her column, Pamela Palmater writes: “Regardless of whether the new consultations are led by a former SCC justice or Trudeau himself, Canada has already decided that the pipeline will be built, before ever talking to any of the impacted First Nations, including those that have asserted Aboriginal title.”

Experts’ opinion that Canada ‘caved on IP’ in USMCA is all about skewed perspective
In her column, May Cheng writes: “These assessments regarding IP are overblown and appear to be based on ‘experts’ who view all forms of enhanced IP protection as potentially stifling for innovation in Canada. As an IP expert who generally represents brand owners, I couldn’t disagree more.”

Matthew Grace is the Managing Editor of The Lawyer’s Daily.