Howard Kislowicz on Canadian Aboriginal Rights and Religious Freedom

Ipse Dixit

In this episode, Howard Kislowicz, Associate Professor of Law at the University of Calgary Faculty of Law, discusses his article "Recontextualizing Ktunaxa Nation v. British Columbia: Crown Land, History and Indigenous Religious Freedom," which was co-authored with Senwung Luk and published in the Supreme Court Law Review. Kislowicz begins by explaining the source of protection of religious freedom under the Canadian Constitution, and how the Supreme Court of Canada has interpreted and applied constitutional protections of religion. He describes the recent Ktunaxa Nation case, in which the Supreme Court rejected an aboriginal religious freedom claim on novel grounds. He observes that the basis for the Supreme Court opinion fails to account for the history and circumstances of aboriginal Canadians. And he speculates on how the issue may develop in the future. Kislowicz is on Twitter at @HowieKislowicz.

The stinger for this episode is Kislowicz's band Shoulders performing "Spectacular Failure" from What Does it Eat (2018).

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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