Robert Hamilton
@roberthamilton.bsky.social
Associate Prof at UCalgary Faculty of Law. Research & teach Indigenous rights, property law, constitutional law, legal theory.
This is a very helpful piece "Separating Fact from Fiction" in the Cowichan title decision.
TL;DR: the "threat" to private property is a being vastly overstated.
jfklaw.ca/cowichan-tri...
TL;DR: the "threat" to private property is a being vastly overstated.
jfklaw.ca/cowichan-tri...
Cowichan Tribes and Private Property: Separating Fact from Fiction - JFK Law - Canada
Since the BC Supreme Court released Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490, in August 2025 declaring that the Quw'utsun (Cowichan)...
jfklaw.ca
November 12, 2025 at 9:53 PM
This is a very helpful piece "Separating Fact from Fiction" in the Cowichan title decision.
TL;DR: the "threat" to private property is a being vastly overstated.
jfklaw.ca/cowichan-tri...
TL;DR: the "threat" to private property is a being vastly overstated.
jfklaw.ca/cowichan-tri...
This stood out from David King's excellent op-ed on s33: "the current government is ... dispirited — deeply unhappy with its situation and unable to find any path to joy in serving the people of Alberta." The idea of finding joy in public service...
calgaryherald.com/opinion/colu...
calgaryherald.com/opinion/colu...
Opinion: Notwithstanding clause never meant to be used to benefit the government
Dave King was was there when clause was born in Alberta cabinet. It was never meant to be used for the benefit of the government itself.
calgaryherald.com
November 10, 2025 at 2:52 AM
This stood out from David King's excellent op-ed on s33: "the current government is ... dispirited — deeply unhappy with its situation and unable to find any path to joy in serving the people of Alberta." The idea of finding joy in public service...
calgaryherald.com/opinion/colu...
calgaryherald.com/opinion/colu...
When dealing with contentious issues, orgs like @globalnews.ca should take more care than they did here, running an inflammatory headline based on an interview with a single expert. I promise there are experts with different views (that might induce less hysteria)
globalnews.ca/news/1151268...
globalnews.ca/news/1151268...
Private ownership is in jeopardy, lawyer says about Cowichan court ruling | Globalnews.ca
The B.C. Supreme Court granted the Cowichan Nation Aboriginal title over nearly six square kilometres of land in Richmond. But the case has created a lot of confusion.
globalnews.ca
November 8, 2025 at 2:14 AM
When dealing with contentious issues, orgs like @globalnews.ca should take more care than they did here, running an inflammatory headline based on an interview with a single expert. I promise there are experts with different views (that might induce less hysteria)
globalnews.ca/news/1151268...
globalnews.ca/news/1151268...
Reposted by Robert Hamilton
New Post: Treaty-Making in Australia and Considerations for Canada
ablawg.ca/2025/10/22...…tions-for-canada/
ablawg.ca/2025/10/22...…tions-for-canada/
Treaty-Making in Australia and Considerations for Canada
By: Robert Hamilton and Harry Hobbs Matter Commented On: Victoria’s Statewide Treaty and Statewide Treaty Bill 2025 PDF Version: Treaty-Making in Australia and Considerations for Canada Indig…
ablawg.ca
October 22, 2025 at 4:00 PM
New Post: Treaty-Making in Australia and Considerations for Canada
ablawg.ca/2025/10/22...…tions-for-canada/
ablawg.ca/2025/10/22...…tions-for-canada/
The first state-Indigenous treaty in Australia's history was recently signed. I summarize it here and provide a few (very preliminary) thoughts on whether it may have lessons for agreement-making in Canada.
ablawg.ca/2025/10/22/t...
ablawg.ca/2025/10/22/t...
Treaty-Making in Australia and Considerations for Canada
By: Robert Hamilton and Harry Hobbs Matter Commented On: Victoria’s Statewide Treaty and Statewide Treaty Bill 2025 PDF Version: Treaty-Making in Australia and Considerations for Canada Indig…
ablawg.ca
October 22, 2025 at 6:17 PM
The first state-Indigenous treaty in Australia's history was recently signed. I summarize it here and provide a few (very preliminary) thoughts on whether it may have lessons for agreement-making in Canada.
ablawg.ca/2025/10/22/t...
ablawg.ca/2025/10/22/t...
Reposted by Robert Hamilton
“Now Scientific American has updated and re-released what it calls the “classic graphic” that shows that a human on a bicycle—able to coast, or freewheel, without pedaling—remains the world’s most energy effecient traveler.” @carltonreid.com on the re-release of the iconic graph in @forbes.com.
October 17, 2025 at 12:52 PM
“Now Scientific American has updated and re-released what it calls the “classic graphic” that shows that a human on a bicycle—able to coast, or freewheel, without pedaling—remains the world’s most energy effecient traveler.” @carltonreid.com on the re-release of the iconic graph in @forbes.com.
"Police say there have been more than 300 collisions in the city so far this year involving pedestrians." ... important to remember that this is a choice, not an inevitability.
www.cbc.ca/news/canada/...
www.cbc.ca/news/canada/...
2 pedestrians killed in separate collisions in Calgary | CBC News
Calgary police issued a safety warning to drivers after two separate fatal collisions involving pedestrians over the span of about 12 hours in the city’s southeast.
www.cbc.ca
October 16, 2025 at 9:36 PM
"Police say there have been more than 300 collisions in the city so far this year involving pedestrians." ... important to remember that this is a choice, not an inevitability.
www.cbc.ca/news/canada/...
www.cbc.ca/news/canada/...
Reposted by Robert Hamilton
Can I tell you how indispensable @sprawlcalgary.bsky.social has been in its coverage of the Calgary election. Whether you are following it closely or not. Videos of numerous ward and mayoral forums. And there most valuable service, a campaign primer. www.sprawlcalgary.com/calgary-elec...
Meet the Calgarians running for mayor and council in 2025 | The Sprawl
Follow along with our candidate tracker.
www.sprawlcalgary.com
October 12, 2025 at 6:44 PM
Can I tell you how indispensable @sprawlcalgary.bsky.social has been in its coverage of the Calgary election. Whether you are following it closely or not. Videos of numerous ward and mayoral forums. And there most valuable service, a campaign primer. www.sprawlcalgary.com/calgary-elec...
Reposted by Robert Hamilton
BREAKING: WE WON!!!
💥 💥 💥
Federal Judge William G. Young ruled today in our lawsuit against the Trump administration that the policy of arresting, detaining, & deporting noncitizen students & faculty members for their pro-Palestinian advocacy violates the 1st Amendment.
Full ruling here:
💥 💥 💥
Federal Judge William G. Young ruled today in our lawsuit against the Trump administration that the policy of arresting, detaining, & deporting noncitizen students & faculty members for their pro-Palestinian advocacy violates the 1st Amendment.
Full ruling here:
Findings of Fact & Conclusions of Law – #261 in American Association of University Professors v. Rubio (D. Mass., 1:25-cv-10685) – CourtListener.com
Judge William G. Young: ORDER entered. FINDINGS OF FACT AND RULINGS OF LAW, PURSUANT TO FED. R. CIV. P. 52(A)(Sonnenberg, Elizabeth) (Additional attachment(s) added on 9/30/2025: # 1 Main Document) (J...
www.courtlistener.com
September 30, 2025 at 5:43 PM
BREAKING: WE WON!!!
💥 💥 💥
Federal Judge William G. Young ruled today in our lawsuit against the Trump administration that the policy of arresting, detaining, & deporting noncitizen students & faculty members for their pro-Palestinian advocacy violates the 1st Amendment.
Full ruling here:
💥 💥 💥
Federal Judge William G. Young ruled today in our lawsuit against the Trump administration that the policy of arresting, detaining, & deporting noncitizen students & faculty members for their pro-Palestinian advocacy violates the 1st Amendment.
Full ruling here:
Still biased towards east coast fall colours, but Yukon in September is something else...
September 30, 2025 at 6:47 PM
Still biased towards east coast fall colours, but Yukon in September is something else...
Reposted by Robert Hamilton
This is the 4th and final post in our series on the Dickson case; this one examines the dissent on ss 25 and 15 of the Charter. While it appears to flow from concerns about gender equality, @roberthamilton.bsky.social, @jwatsonhamilton.bsky.social and I are critical of the dissent's approach.
New Post: The Dissent in Dickson v Vuntut Gwitchin First Nation: Failing to Accommodate Legal Pluralism
ablawg.ca/2025/09/24...…-legal-pluralism/
ablawg.ca/2025/09/24...…-legal-pluralism/
September 24, 2025 at 7:20 PM
This is the 4th and final post in our series on the Dickson case; this one examines the dissent on ss 25 and 15 of the Charter. While it appears to flow from concerns about gender equality, @roberthamilton.bsky.social, @jwatsonhamilton.bsky.social and I are critical of the dissent's approach.
Reposted by Robert Hamilton
I post a lot on ABlawg. Some of it pretty dry & arcane oil & gas law
But this is far more imp & shd be of wider interest. It deals with how an Aussie coal mining company was able to manipulate AER decision-making to shield the company’s project from public review. #abpoli
ablawg.ca/wp-content/u...
But this is far more imp & shd be of wider interest. It deals with how an Aussie coal mining company was able to manipulate AER decision-making to shield the company’s project from public review. #abpoli
ablawg.ca/wp-content/u...
September 12, 2025 at 4:04 PM
I post a lot on ABlawg. Some of it pretty dry & arcane oil & gas law
But this is far more imp & shd be of wider interest. It deals with how an Aussie coal mining company was able to manipulate AER decision-making to shield the company’s project from public review. #abpoli
ablawg.ca/wp-content/u...
But this is far more imp & shd be of wider interest. It deals with how an Aussie coal mining company was able to manipulate AER decision-making to shield the company’s project from public review. #abpoli
ablawg.ca/wp-content/u...
Reposted by Robert Hamilton
Tomorrow(!), the blog returns to its regularly scheduled publishing program.
But before we do, we wanted to share a brief 🧵 of helpful resources for new law students who might be curious about the Law and Political Economy movement.
But before we do, we wanted to share a brief 🧵 of helpful resources for new law students who might be curious about the Law and Political Economy movement.
a cartoon of homer simpson and bart simpson sitting on a couch with the words join us above them .
ALT: a cartoon of homer simpson and bart simpson sitting on a couch with the words join us above them .
media.tenor.com
September 1, 2025 at 8:07 PM
Tomorrow(!), the blog returns to its regularly scheduled publishing program.
But before we do, we wanted to share a brief 🧵 of helpful resources for new law students who might be curious about the Law and Political Economy movement.
But before we do, we wanted to share a brief 🧵 of helpful resources for new law students who might be curious about the Law and Political Economy movement.
Dickson's s.25 analysis has now been applied in the federal court a few times in the context of Indian Act governments. I review the Houle, Donald-Potskin, and Cunningham decisions with wonderful co-authors @jwatsonhamilton.bsky.social and @jenniferkoshan.bsky.social here...
New Post: Charter Sections 15 and 25: The Majority Judgment in Dickson v Vuntut Gwitchin First Nation and its Application in the Federal Court
ablawg.ca/2025/08/29...…he-federal-court/
ablawg.ca/2025/08/29...…he-federal-court/
Charter Sections 15 and 25: The Majority Judgment in Dickson v Vuntut Gwitchin First Nation and its Application in the Federal Court - ABLawg
By: Jonnette Watson Hamilton, Robert Hamilton, and Jennifer Koshan Cases Commented On: Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 (CanLII); Houle v Swan River First Nation, 2025 FC 267 (CanLII); Donald-Potskin v Sawridge First Nation, 2025 FC 648 (CanLII); Cunningham v Sucker Creek First Nation 150A, 2025 FC 1174 (CanLII) PDF Version: Charter
ablawg.ca
August 29, 2025 at 8:56 PM
Dickson's s.25 analysis has now been applied in the federal court a few times in the context of Indian Act governments. I review the Houle, Donald-Potskin, and Cunningham decisions with wonderful co-authors @jwatsonhamilton.bsky.social and @jenniferkoshan.bsky.social here...
Reposted by Robert Hamilton
This is the 3rd in a series of blog posts on Dickson v Vuntut Gwitchin First Nation, including a look at how the SCC majority judgment on ss 25 & 15 of the Charter is being applied by lower courts. Great working with @jwatsonhamilton.bsky.social and @roberthamilton.bsky.social on this one!
New Post: Charter Sections 15 and 25: The Majority Judgment in Dickson v Vuntut Gwitchin First Nation and its Application in the Federal Court
ablawg.ca/2025/08/29...…he-federal-court/
ablawg.ca/2025/08/29...…he-federal-court/
Charter Sections 15 and 25: The Majority Judgment in Dickson v Vuntut Gwitchin First Nation and its Application in the Federal Court - ABLawg
By: Jonnette Watson Hamilton, Robert Hamilton, and Jennifer Koshan Cases Commented On: Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 (CanLII); Houle v Swan River First Nation, 2025 FC 267 (CanLII); Donald-Potskin v Sawridge First Nation, 2025 FC 648 (CanLII); Cunningham v Sucker Creek First Nation 150A, 2025 FC 1174 (CanLII) PDF Version: Charter
ablawg.ca
August 29, 2025 at 4:33 PM
This is the 3rd in a series of blog posts on Dickson v Vuntut Gwitchin First Nation, including a look at how the SCC majority judgment on ss 25 & 15 of the Charter is being applied by lower courts. Great working with @jwatsonhamilton.bsky.social and @roberthamilton.bsky.social on this one!
Something worth emphasizing in discussion of a possible referendum in Alberta is just how clear the SCC was in the Secession Reference that a vote in favour of secession does NOT make secession a foregone conclusion and leave only the details to be negotiated.
May 30, 2025 at 10:27 PM
Something worth emphasizing in discussion of a possible referendum in Alberta is just how clear the SCC was in the Secession Reference that a vote in favour of secession does NOT make secession a foregone conclusion and leave only the details to be negotiated.
Treaty rights and provincial secession... some thoughts; ablawg.ca/2025/05/30/g...
“Get the province of Alberta in line”: Treaty Promises, Provincial Power, and the Role of Indigenous Nations in Discussions on Alberta Secession - ABLawg
By: Robert Hamilton Matter Commented On: Alberta Separatism PDF Version: “Get the province of Alberta in line”: Treaty Promises, Provincial Power, and the Role of Indigenous Nations in Discussions on ...
ablawg.ca
May 30, 2025 at 10:21 PM
Treaty rights and provincial secession... some thoughts; ablawg.ca/2025/05/30/g...
The best lectures on UNDRIP implementation are the ones with bear spray on the table beside you... Grateful to get the opportunity to teach about modern treaties in the Yukon this May. #noppt
May 27, 2025 at 8:38 PM
The best lectures on UNDRIP implementation are the ones with bear spray on the table beside you... Grateful to get the opportunity to teach about modern treaties in the Yukon this May. #noppt
Reposted by Robert Hamilton
Fantastic first week of this year’s Modern Treaties and the Law course with @roberthamilton.bsky.social and a group of wonderful @ucalgary.bsky.social students. Amazing to see students’ deep learning happening right before your eyes.
May 17, 2025 at 1:55 PM
Fantastic first week of this year’s Modern Treaties and the Law course with @roberthamilton.bsky.social and a group of wonderful @ucalgary.bsky.social students. Amazing to see students’ deep learning happening right before your eyes.
Seem like a good time to re-up this piece from @davevwright.bsky.social and myself: ablawg.ca/2019/11/01/a...
Albexit/Wexit/Albwexit and the Rights of Indigenous Peoples - ABLawg
By: Robert Hamilton and David V. Wright PDF Version: Albexit/Wexit/Albwexit and the Rights of Indigenous Peoples Matter Commented On: Secession by Alberta or Western Provinces Talk of western alienati...
ablawg.ca
May 2, 2025 at 4:49 PM
Seem like a good time to re-up this piece from @davevwright.bsky.social and myself: ablawg.ca/2019/11/01/a...
Doing a little side research on public reactions to Indigenous legal and political victories.
I wonder if anyone can guess which politician said in a press conference in 1997 that the Delgamuukw decision is "a serious threat to national unity"...
I wonder if anyone can guess which politician said in a press conference in 1997 that the Delgamuukw decision is "a serious threat to national unity"...
April 30, 2025 at 2:55 PM
Doing a little side research on public reactions to Indigenous legal and political victories.
I wonder if anyone can guess which politician said in a press conference in 1997 that the Delgamuukw decision is "a serious threat to national unity"...
I wonder if anyone can guess which politician said in a press conference in 1997 that the Delgamuukw decision is "a serious threat to national unity"...
Reposted by Robert Hamilton
I had been doubtful that we were going to have a "this is the crisis moment" with Trump, as opposed to "everything about this is a destructive catastrophe."
But the Abrego Garcia case is the crisis moment.
1/
But the Abrego Garcia case is the crisis moment.
1/
April 14, 2025 at 4:41 PM
I had been doubtful that we were going to have a "this is the crisis moment" with Trump, as opposed to "everything about this is a destructive catastrophe."
But the Abrego Garcia case is the crisis moment.
1/
But the Abrego Garcia case is the crisis moment.
1/
Reposted by Robert Hamilton
A new @ablawg.bsky.social post by @roberthamilton.bsky.social, @jwatsonhamilton.bsky.social and me exploring the teachable moments in Dickson v Vuntut Gwitchin First Nation, focusing on the SCC’s different reasons for finding the Charter applies (or not) to the VGFN. TLDR: Team Rowe on this one.
March 13, 2025 at 4:24 PM
A new @ablawg.bsky.social post by @roberthamilton.bsky.social, @jwatsonhamilton.bsky.social and me exploring the teachable moments in Dickson v Vuntut Gwitchin First Nation, focusing on the SCC’s different reasons for finding the Charter applies (or not) to the VGFN. TLDR: Team Rowe on this one.
Ablawg year in review, featuring @nigelb.bsky.social @molszyns.bsky.social @jenniferkoshan.bsky.social @jwatsonhamilton.bsky.social @drewyewchuk.bsky.social and others.
December 31, 2024 at 9:28 PM
Ablawg year in review, featuring @nigelb.bsky.social @molszyns.bsky.social @jenniferkoshan.bsky.social @jwatsonhamilton.bsky.social @drewyewchuk.bsky.social and others.
Reposted by Robert Hamilton
Happy to see the Canadian Legal Academy list on this platform! Thanks to @roojinhabibi.org and @sonialawprof.bsky.social
With thanks to @roojinhabibi.org and @sonialawprof.bsky.social this excellent list.
bsky.app/profile/did:...
bsky.app/profile/did:...
November 18, 2024 at 5:11 PM
Happy to see the Canadian Legal Academy list on this platform! Thanks to @roojinhabibi.org and @sonialawprof.bsky.social