Anderson v. Alberta

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
Date18 March 2022
Docket Number39323

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17 practice notes
  • Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan
    • Canada
    • Supreme Court (Canada)
    • November 27, 2024
    ...inc., 2019 SCC 57, [2019] 4 S.C.R. 138; Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331; Anderson v. Alberta, 2022 SCC 6, [2022] 1 S.C.R. 29. By Côté J. (dissenting) Churchill Falls (Labrador) Corp. v. Hydro-Québec, 2018 SCC 46, [2018] 3 S.C.R. 101; Dominique (on behalf......
  • Ontario English Catholic Teachers Association v. Ontario (Attorney General)
    • Canada
    • Court of Appeal (Ontario)
    • February 12, 2024
    ...from judicial interference. For example, courts have found that allocating public resources is a political decision: Anderson v. Alberta, 2022 SCC 6, at para. 22; Ontario v. Criminal Lawyers’ Association of Ontario, 2013 SCC 43, [2013] 3 S.C.R. 3 (“CLA”). This makes sense because courts do ......
  • J.W. v. British Columbia (Director of Child, Family and Community Service)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 31, 2023
    ...including “such 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. 307-3......
  • Anderson v. His Majesty the King in the Right of Alberta
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • March 20, 2025
    ...of [A]boriginal peoples and non‑[A]boriginal peoples and their respective claims, interests and ambitions”: in Anderson v Alberta, 2022 SCC 6 at para 25, citing Mikisew Cree First Nation v Canada (Minister of Canadian Heritage), 2005 SCC 69 at para I. ISSUES [7] Three questions are raised......
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2 cases
  • Akamihk Child and Family Services Society v Alberta (Minister of Justice and Solicitor General)
    • Canada
    • Provincial Court of Alberta (Canada)
    • March 31, 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......
  • J.W. v. British Columbia (Director of Child, Family and Community Service)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 31, 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.&#xA0......
5 firm's commentaries
  • Examinations 2023 ' The Evolution Of Appellate Law In The Post-Pandemic Era
    • Canada
    • Mondaq Canada
    • May 10, 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......
  • SCC Clarifies Advance Costs Test For Public Interest Litigation
    • Canada
    • Mondaq Canada
    • March 30, 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......
  • Top Court Provides Guidance On Advance Costs Awards For Indigenous Rights Litigation
    • Canada
    • Mondaq Canada
    • April 6, 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......
  • "Pressing Needs": SCC Clarifies Advance Costs For Indigenous Governments In Public Interest Litigation
    • Canada
    • Mondaq Canada
    • March 31, 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......
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