1973
1989
1990
1996
Calder v. Attorney General of BC (SCC)
Brooks v. Canada Safeway Ltd. (SCC)
R v. Sparrow (SCC)
R v. Van der Peet (SCC)
alumni & faculty involved
• Counsel for the appellants, Frank Calder et al.: The Honourable Thomas Berger, QC (’56) & Donald J. Rosenbloom (’68) • Counsel for the respondents, the Attorney General of BC: Douglas McK. Brown, QC (former faculty member)
significance
This decision was the first time that the Supreme Court of Canada acknowledged the existence of Aboriginal title, and that such title existed outside of, and was not simply derived from, statutory colonial law. The SCC’s recognition that Aboriginal title existed pre-contact also opened the door for further Aboriginal rights and title cases, and continues to be cited in contemporary Aboriginal land claims both in Canada and internationally.
1986 Shewchuk v. Ricard (BCCA) alumni involved
• Counsel for the interveners, West Coast LEAF: David W. Mossop, QC (’70) & Dean Emerita The Honourable Lynn Smith, QC (‘73)
significance
This was the first case for West Coast LEAF, to act as interveners before the BC Court of Appeal. LEAF argued that provisions of the Child Paternity and Support Act (CPSA) were a violation of s. 15 of the Canadian Charter of Rights and Freedoms because they discriminated on the basis of sex in applying differentially to mothers and fathers. One of LEAF’s founding members, The Honorable Lynn Smith, QC (’73) went on to contribute throughout her career in achieving substantive equality jurisprudence addressing historic patterns of discrimination.
alumni involved
• Counsel for the interveners, West Coast LEAF: The Honourable Lynn Smith, QC (’73)
significance
In this landmark ruling, the SCC recognized discrimination on the basis of pregnancy as a form of sex discrimination, prohibited under s. 15 of the Charter.
Andrews v. Law Society of British Columbia (SCC) alumni involved
• Counsel for the appellant, the Law Society of BC: Rhys H. Davies, QC (’82) • Counsel for the respondent, Andrews: David Cowper (’80) & W.S. Martin (’79) • Counsel for the intervener, the Coalition of Provincial Organizations of the Handicapped: David Baker (’89)
significance
This was the first SCC case to deal with s. 15 of the Charter. In this case, the SCC upheld the BCCA’s finding that the BC bar admission requirement that lawyers must be Canadian citizens violated s. 15. This decision expanded the application of s. 15 to encompass claims based on analogous grounds of discrimination, such as citizenship, not just enumerated grounds.
key alumni involved
• Counsel for appellant, Ronald Sparrow: Marvin Storrow, QC (’62), Lewis Frank Harvey (’78) & Joanne R. Lysyk (’86) • Counsel for respondent, the Crown: The Honourable Thomas R. Braidwood, QC (’56) • Counsel for the intervener, the National Indian Brotherhood & Assembly of First Nations: The Honourable Harry Arthur Slade, QC (’73), Arthur C. Pape (’79) & (Mary) Louise Mandell, QC (’75) • Counsel for the intervener, Fisheries Council of BC: J. Keith Lowes (’69)
significance
This was the first SCC case to apply s. 35 of the Constitution Act, 1982. The decision set out the criteria required to establish that governmental infringement on Aboriginal rights is justifiable. The case centered specifically on the rights of the Musqueam people, on whose unceded territory UBC sits today.
1991 Monk Corp. v. Island Fertilizers Ltd. (SCC) alumni involved
• Presiding justice: The Honorable Frank Iacobucci, QC (’62).
significance
• This was the first decision by The Honorable Frank Iacobucci, QC (’62), and thus the first SCC judgment by a UBC alumnus. The SCC upheld the Federal Court’s role as a national, bijural, and bilingual judicial institution, whose jurisdiction extends throughout the entire Canadian nation in adjudicating the application of federal laws.
L andmark Cases Involving alumni & faculty from the Allard School of Law
6 a l l a r d s c h o o l o f l aw 2 0 2 0
alumni involved
• Counsel for appellant, Van der Peet: (Mary) Louise Mandell, QC (’75), Leslie Pinder (’76) • Counsel for respondent, Crown: The Honourable S. David Frankel (’73) & Cheryl Tobias, QC (’80) • Counsel for the intervener, the Fisheries Council of BC: J. Keith Lowes (’69) • Counsel for the intervener, the British Columbia Fisheries Survival Coalition & the British Columbia Wildlife Federation: Robert Lonergan (’91) • Counsel for the intervener, the First Nations Summit: Harry A. Slade (’73) & Arthur C. Pape (’79) • Counsel for the intervener, Delgamuukw et al.: Stuart Rush, QC (’70) & Professor Emeritus Michael Jackson, QC • Counsel for the interveners, Howard Pamajewon, Roger Jones, Arnold Gardner, Jack Pitchenese & Allan Gardner: Arthur C. Pape (’79)
significance
The SCC held that Aboriginal rights under s. 35 of the Constitution Act, 1982 did not extend to the commercial selling of fish. From this case came the Van der Peet Test establishing the threshold for determining whether an Aboriginal right exists.
