Articles 2023

Today
Today

The Tsilhqot’in Decision: Charting a New Course in Aboriginal Rights Jurisprudence

  • July 21, 2014
  • Carla Agatiello

In the Tsilhqot’in Nation v. British Columbia decision issued on June 26, 2014 (“Tsilhqot’in”), the Supreme Court of Canada granted a declaration of Aboriginal title to the appellant First Nation, and further declared that the province of British Columbia breached its duty to consult when it issued timber licenses to third parties, without engaging in meaningful consultation with the affected Aboriginal group.

Aboriginal Law

Section Executive Update from the Editors

  • July 21, 2014
  • Saba Ahmad

The Ontario Bar Association’s Aboriginal Section welcomed a new executive on June 24, 2014, marking the end of Julie Jai’s two years as the Section’s chair.

Aboriginal Law

Ring of Fire: Hot or Cold?

  • April 24, 2014
  • Evan Clemence

On Wednesday, October 23rd, the Aboriginal Law Section hosted “Ring of Fire – Hot or Cold?”, a panel discussion on proposed mining development in Treaty 9 territory. The distinguished expert panelists were Deputy Grand Chief Les Louttit of the Nishnawbe-Aski Nation (“NAN”), the Honourable Bob Rae, lead negotiator for the Matawa First Nations, Dr. Christine Kaszycki for the Government of Ontario’s Ring of Fire Secretariat, and Joseph Gaboury of Cliffs Natural Resources Inc.

Aboriginal Law

The Role of Counsel in Managing Aboriginal Funds for a Sustainable Future

  • April 23, 2014
  • Pearl Chung and the Honourable Harry S. LaForme

At the OBA Aboriginal Law program at the OBA Conference Centre on November 5, 2013, professionals and experts examined and discussed some of the ethical challenges legal counsel need to consider, given the increasing joint participation of Aboriginal and non-Aboriginal peoples in resource development across the country. Currently, resource management and the related issues are most particularized through Aboriginal and treaty rights claims by First Nations people.

Aboriginal Law

OBA Institute 2014: Chancing the Arm

  • April 23, 2014
  • Justice George Patrick Smith

My message is simple: litigation and use of the courts does not and cannot breathe life into historical treaties. To the contrary, it is my view that litigation is generally counterproductive and, although it may advance and has advanced certain important principles and Aboriginal rights, it is generally damaging because it does not promote reconciliation.

Aboriginal Law

Interview with Ovide Mercredi

  • April 23, 2014
  • Julie Jai and Richard Ogden

On February 7, 2014, after he presented at the OBA Institute, Chief Ovide Mercredi spoke with Julie Jai and Richard Ogden.

Aboriginal Law

Confluence of Aboriginal and Environmental Law in Energy and Natural Resource Projects

  • April 23, 2014
  • Ceyda Turan

The presenters in the Ontario Bar Association’s “Confluence of Aboriginal and Environmental Law in Energy and Natural Resource Projects” program commented on the fundamentals of the constitutional framework for Aboriginal law, the regulatory and environmental framework, and recent developments on the duty to consult and regulatory requirements.

Aboriginal Law