Daniel B. Jolic’s article, “Thawing the ‘Frozen Rights’ Approach: Applying Justice Neil Gorsuch’s Contemporary Originalism to Safeguard Aboriginal Rights in Canada,” has been published in the Supreme Court Law Review, 3rd Series, Volume 8.
Writes Daniel: “Ultimately, contemporary originalism provides the ideal framework to better protect Aboriginal rights in Canada. As the needed reform to the Van der Peet test, as proposed in Montour, moves through the appellate courts, judges should heed Gorsuch J.’s contemporary originalist approach and move the Aboriginal rights framework from the ‘past’ to the ‘present.'”
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