Articles 2019


Adverse Possession and Reserve Land

  • January 03, 2024
  • William Taggart, Beth Armstrong, Kate Piggott-Babony, Fogler Rubinoff

First Nations with reserves administered under the Indian Act and band members who hold possessory interests within those reserves should be aware of the potential application and impact of adverse possession on reserve land.

Aboriginal Law, Student Forum

Understanding Cultural Sensitives through a Trauma-Informed Lens

  • June 01, 2023
  • Shaunna Kelly

This article explores some preconceived notions and hopefully draws on the need for cultural competence in the workplace. The concepts discussed are transferrable to multiple settings: the courtroom, meeting rooms, interviews and even emails. The need to be culturally sensitive should have a broad application and applies to all professional interactions. Specific examples focus on Indigenous practitioners, but there are transferrable concepts that apply to all groups of people.

Aboriginal Law, Student Forum

Missing in Inaction: Misty’s Story

  • May 02, 2023
  • Laura Pettigrew

An article on the Ontario Ombudsman's April 13, 2023 report "Missing in Inaction: Misty's Story".

Aboriginal Law, Child and Youth Law, Student Forum

Sustaining Progress in Indigenous Legal Education

  • March 04, 2023
  • Scott Franks

Since the release of the TRC report in 2015, momentum has been building toward Indigenous justice and reconciliation. But stronger and deeper commitments and actions are necessary.

Aboriginal Law, Student Forum

Straddling the Border in R v Desautel: Is there Room in Canada’s Constitution for the Métis Communities Living in the United States?

  • May 30, 2022
  • Caroline Bélanger-Hilaire

In this short piece, I would like to explore how Métis communities in the United States (“US”) could claim Canadian constitutional rights by making references to the fresh legal perspective advanced in Desautel. In a potential future case where Métis in the US might claim s. 35 Canadian constitutional rights, I advance the position that s. 35 should be interpreted in a purposive way that includes Métis people who were forced to move elsewhere or on whom international boundaries were imposed.

Aboriginal Law, Student Forum, Young Lawyers' Division

Using Gladue Jurisprudence: An Exploration

  • March 31, 2022
  • Naomi Sayers

Exploring the decision in Gladue and its applicability to Section 7 of the Charter.

Aboriginal Law, Constitutional, Civil Liberties and Human Rights Law, Student Forum
R. Martin Bayer

Anishinaabemda Paaneh (“Let’s Always Use Our Language”)

  • June 28, 2021
  • Patricia Hania, Ph.D., and R. Martin Bayer, ,

Patricia Hania interviews R. Martin Bayer on Anishinaabemda Paaneh (“Let’s Always Use Our Language”). All translation provided by language speaker, R. Martin Bayer.

Aboriginal Law, Student Forum