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ARTICLE · 04 JULY 2008

R. v. Kapp

Blake, Cassels & Graydon LLP
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The decision of the Supreme Court of Canada in “R. v. Kapp”, released June 27, 2008, is the first case to formulate a legal test which informs the proper implementation of ameliorative measures or affirmative action programs targeting disadvantaged groups.

CanadaGovernment, Public Sector
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Copyright 2008, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Aboriginal Issues, July 2008

The decision of the Supreme Court of Canada in R. v. Kapp, released June 27, 2008, is the first case to formulate a legal test which informs the proper implementation of ameliorative measures or affirmative action programs targeting disadvantaged groups. The case also squarely addresses the issue of whether the federal government has the constitutional authority to enact legislation which enhances aboriginal involvement in the commercial fishery by distinguishing between aboriginal and non-aboriginal fishers.

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