Anderson v. Alberta, 2022 SCC 6

JurisdictionFederal Jurisdiction (Canada)
CourtSupreme Court (Canada)
JudgeWagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud
Citation2022 SCC 6
Docket Number39323
Date18 March 2022
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9 practice notes
  • Examinations 2023 ' The Evolution Of Appellate Law In The Post-Pandemic Era
    • Canada
    • Mondaq Canada
    • 10 Mayo 2023
    ...era. CASES OF INTEREST RECONCILIATION MATTERS: THE SCC'S DECISION ON ADVANCED COSTS IN ANDERSON In Anderson v Alberta (Attorney General), 2022 SCC 6, the Supreme Court of Canada (SCC) held that advanced costs may be available to a First Nation even where that Nation has funds to pay litigat......
  • J.W. v. British Columbia (Director of Child, Family and Community Service),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 31 Marzo 2023
    ...matters as the history of colonialism, displacement, and residential schools” (at para. 60). See also: Anderson v. Alberta, 2022 SCC 6 at para. 36; Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation) v. Public Safety Canada, 2022 CHRT 4 at paras. ......
  • Akamihk Child and Family Services Society v Alberta (Minister of Justice and Solicitor General),
    • Canada
    • Provincial Court of Alberta (Canada)
    • 31 Marzo 2023
    ...own child welfare laws.  Akamihk finds itself caught in the transition as it finds its way forward.  In Anderson v Alberta, 2022 SCC 6, the Supreme Court of Canada considered an application for advance costs by the Beaver Lake Cree Nation to fund litigation relating to its unext......
  • SCC Clarifies Advance Costs Test For Public Interest Litigation
    • Canada
    • Mondaq Canada
    • 30 Marzo 2022
    ...remains to be seen, given this finding, the Crown may be more likely to agree to fund advance costs in similar circumstances. Footnotes 1 2022 SCC 6. 2 Anderson at para 9. 3 2019 ABQB 746. 4 Anderson at para 11, with reference to British Columbia (Minister of Forests) v Okanagan Indian Band......
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4 cases
  • J.W. v. British Columbia (Director of Child, Family and Community Service),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 31 Marzo 2023
    ...matters as the history of colonialism, displacement, and residential schools” (at para. 60). See also: Anderson v. Alberta, 2022 SCC 6 at para. 36; Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation) v. Public Safety Canada, 2022 CHRT 4 at paras. ......
  • Akamihk Child and Family Services Society v Alberta (Minister of Justice and Solicitor General),
    • Canada
    • Provincial Court of Alberta (Canada)
    • 31 Marzo 2023
    ...own child welfare laws.  Akamihk finds itself caught in the transition as it finds its way forward.  In Anderson v Alberta, 2022 SCC 6, the Supreme Court of Canada considered an application for advance costs by the Beaver Lake Cree Nation to fund litigation relating to its unext......
  • 2023 ABPC 81,
    • Canada
    • 1 Enero 2023
    ...through their own child welfare laws. Akamihk finds itself caught in the transition as it finds its way forward. In Anderson v Alberta, 2022 SCC 6, the Supreme Court of Canada considered an application for advance costs by the Beaver Lake Cree Nation to fund litigation relating to its une......
  • Akamihk Child and Family Services Society v Alberta (Minister of Justice and Solicitor General),
    • Canada
    • Provincial Court of Alberta (Canada)
    • 31 Marzo 2023
    ...through their own child welfare laws. Akamihk finds itself caught in the transition as it finds its way forward. In Anderson v Alberta, 2022 SCC 6, the Supreme Court of Canada considered an application for advance costs by the Beaver Lake Cree Nation to fund litigation relating to its une......
3 firm's commentaries
  • SCC Clarifies Advance Costs Test For Public Interest Litigation
    • Canada
    • Mondaq Canada
    • 30 Marzo 2022
    ...remains to be seen, given this finding, the Crown may be more likely to agree to fund advance costs in similar circumstances. Footnotes 1 2022 SCC 6. 2 Anderson at para 9. 3 2019 ABQB 746. 4 Anderson at para 11, with reference to British Columbia (Minister of Forests) v Okanagan Indian Band......
  • "Pressing Needs": SCC Clarifies Advance Costs For Indigenous Governments In Public Interest Litigation
    • Canada
    • Mondaq Canada
    • 31 Marzo 2022
    ...could result in more public interest litigants obtaining greater access to funding to pursue their claims. Footnotes 1. Anderson v Alberta, 2022 SCC 6. 2. Ibid at paras 7 & 3. Ibid at para 9. 4. Ibid at para 10. 5. Ibid at paras 12 & 13. 6. Ibid at para 14. 7. Ibid at para 72. 8. Ibid at pa......
  • Top Court Provides Guidance On Advance Costs Awards For Indigenous Rights Litigation
    • Canada
    • Mondaq Canada
    • 6 Abril 2022
    ...to enforce their Treaty rights in court. On March 18, 2022, the Supreme Court of Canada released its decision in Anderson v Alberta, 2022 SCC 6. This decision has important implications for First Nations seeking advance costs from the Crown to fund public interest litigation, including liti......

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