About ArticlesThe below articles are published by the Aboriginal Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor:Aaron Dewitt


Yaiguaje v Chevron Corporation, 2018 ONCA 472: A Necessary Discussion

  • September 14, 2018
  • Naomi Sayers

The Court of Appeal's decision in Yaiguaje raises concerns regarding the interaction between resource extraction corporations and Indigenous communities that apply internationally and in Canada. These issues may test the meaningfulness of the oft-lauded concept of corporate-social responsibility.

Aboriginal Law, Student Forum

Law Society of Ontario to review the process for assessing a candidate's good character

  • May 14, 2018
  • David McRobert, Michael Fortier and Sari Graben of the Working Group on the Law Society’s Good Character Evaluation Process, with input from other members of the Working Group

At the Law Society of Ontario’s (LSO) Annual General Meeting (on May 9, 2018, Treasurer Paul Schabas, announced that the LSO will be conducting a review of the “good character” requirement for licensee applications. There is a need to ensure not a different or lower standard, but that the process for admission to the bar is fair and does not unduly prejudice Indigenous applicants.

Aboriginal Law, Student Forum

Indigenous Women Missing from #metoo

  • April 03, 2018
  • Elana Finestone, Legal Counsel at the Native Women’s Association of Canada

Indigenous women’s voices are missing—figuratively and literally—in the #MeToo conversation while Indigenous women are over-represented among Canada’s missing and murdered women. The #metoo movement is simply not accessible to the most marginalized women. For some indigenous women, the safer choice is not to testify about sexual assaults to protect themselves and their families. It’s not safe for them to say, “me too”.

Aboriginal Law, Women Lawyers Forum

Indigenous Peoples and Canada: Moving beyond the colonial legacy

  • March 26, 2018
  • Arielle Di Iulio JD/MSW Candidate 2018, University of Toronto, Faculty of Law

The OBA's Institute 2018 session “Advancing Reconciliation: Review of recent key decisions and what deconstructing the current colonial legal structure could mean”, included a case law update, and panel discussion on the current state of Crown-Indigenous relationships.

Aboriginal Law

Chevron Decision May Signal Challenges Remain to Achieve Greater Accountability, Transparency and Corporate Social Responsibility in the Oil and Gas Sector

  • January 11, 2018
  • David McRobert and Jordan Shay

In this article we describe the background to the Ecuador Chevron case and argue that the Ontario Superior Court decision, and subsequent developments in the Fall of 2017, signal that challenges remain to achieve greater accountability, transparency and Corporate Social Responsibility in the oil and gas, mining and other resource extraction sectors.

Aboriginal Law

Duty to Consult: Implications of the Clyde River and Chippewas of the Thames Decisions

  • November 13, 2017
  • Nicole Daniel JD Candidate, 2019 Osgoode Hall Law School, York University

On September 28th, 2017 the OBA Aboriginal Law Section held a panel entitled “Duty to Consult: Implications of the Clyde River and Chippewas of the Thames Decisions.” Counsel to the Crown, Clyde River, and the NEB, discussed the outcome and implications of the Supreme Court of Canada's most recent decisions on the duty to consult and accommodate.

Aboriginal Law, Student Forum

Opinion: Why should the LSUC change its name? It's 2017.

  • October 02, 2017
  • David McRobert

For decades, those of us who have come from away to live in Ontario have puzzled over a strange conundrum. Why isn't the Law Society serving the residents of Ontario called the Law Society of Ontario? Why does Ontario's Law Society cling to an arcane tradition of insisting its name must remain as the Law Society of Upper Canada (LSUC)? It's 2017.

Aboriginal Law

“Nation-to-Nation” Relationships: Inherent Rights and the Implementation of Indigenous Laws

  • August 25, 2017
  • Julia Riddle

On May 10, 2017, the OBA’s Aboriginal Law section hosted the program “Nation-to-Nation” Relationships: Inherent Rights and the Implementation of Indigenous Laws. Presenters from practice and academia discussed the historical and contemporary context, the basis of nation-to-nation relationships, and challenges in implementing Indigenous laws.

Aboriginal Law

Fulfilling the Duty - Energetically

  • February 01, 2017
  • Peter Landmann

Over the past decade, hundreds of energy projects have been undertaken in Ontario under the province’s multi-billion dollar renewable energy and transmission modernization initiatives. This article focuses on the approach taken by Ontario to meet the Crown’s constitutional duty to consult and accommodate Indigenous communities on these projects.

Aboriginal Law