Articles 2019


Comments on Bill 66, the Proposed Great Lakes Protection Act

  • April 20, 2015
  • David McRobert and Burgandy Dunn

David McRobert and Burgandy Dunn argue for participant funding in comments on Ontario's Great Lakes Protection Act, with examples of effective funding in Ontario and other jurisdictions since 1988. An abridged version of these comments will be submitted to Ministry of Environment and Climate Change as part of the Environmental Bill of Rights, 1993 comments process before April 26, 2015.

Aboriginal Law

First Nations Financial Transparency Act: Transparency for Whom?

  • January 21, 2015
  • Megan Strachan

This article provides an overview of new legislation and how it has proven controversial with many First Nations. The article discusses how some object, not to the principle of transparency, but to the inherent paternalism in the form of transparency being imposed on First Nations by Ottawa. For many observers, this step is reminiscent of an outmoded approach toward First Nation-Crown relations.

Aboriginal Law

Section Executive Update

  • August 06, 2014
  • Saba Ahmed

The OBA Aboriginal Law Section welcomed a new executive committee on June 24, marking the end of Julie Jai's two-year term as the Section's chair.

Aboriginal Law

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