SCC to hear appeals on overlapping Indigenous land claims, patents, disclosure of police misconduct – Canadian Lawyer
Sep 30, 2025
The Supreme Court of Canada will hear 21 appeals during its fall session, with its focus almost evenly split between criminal and civil cases. The first hearing is scheduled for Oct. 7.
One of the most closely watched cases of the session is His Majesty the King v. Harry Arthur Cope, which features 20 intervenors, including provincial and community prosecutorial services, legal aid centres, and organizations representing lawyers and Indigenous women.
The case involves a man who violently assaulted his female partner. Both are Mi’kmaw. After pleading guilty to aggravated assault, a court sentenced the man to five years in prison. A Nova Scotia Court of Appeal majority reduced the sentence, concluding that the trial judge gave insufficient weight to systemic factors impacting Indigenous offenders like colonialism, trauma, dislocation from culture, or lack of opportunity. The SCC mandated that courts consider these factors in its landmark 1999 decision R. v. Gladue.
