Articles 2021

Anishnabe N’oon Da Gaaziiwin: An Indigenous Peacemaking-Mediation Nexus

Anishnabe N’oon Da Gaaziiwin: An Indigenous Peacemaking-Mediation Nexus

  • December 17, 2018
  • John Beaucage, B.A., D.Litt., Alicia Kuin, B.A., M.A., LL.M., Q.Med. and Paul Iacono, Q.C.

This article proposes a new dispute resolution "Hybrid Process" designed to support nation-to-nation building in Canada. In the past, the authors (a First Nations leader and former Grand Council Chief and two Canadian mediators) have used conventional mediation processes with First Nation People and it has not worked because mediation is not an Indigenous cultural practice. However, the Hybrid Process combines two culturally unique practices – Indigenous peacemaking and mediation.

Aboriginal Law, Alternative Dispute Resolution, Natural Resources and Energy Law and 1 more..., Student Forum

Indigenous Two Spirited People: Program Review and Highlights

  • December 13, 2018
  • Alissa Saieva

On November 12, 2018, the OBA's Aboriginal Law Section and its Sexual Orientation and Gender Identity Committee co-hosted a program focusing on the experiences of Indigenous Two Spirited people, bringing together a learned panel with an unparalleled level of knowledge, experience, and expertise to the program that was well received by its over 50 online and in-person attendees. The panel discussed the historical discrimination experienced by Two Spirited people, progress made, and paths forward.

Aboriginal Law, Sexual Orientation and Gender Identity Law, Student Forum

Case Comment: Mikisew Cree First Nation v. Canada (Governor General in Council)

  • November 02, 2018
  • Manish Oza, lawyer and PhD candidate in philosophy at the University of Toronto

According to the recent Supreme Court of Canada decision in Mikisew Cree First Nation v. Canada (Governor General in Council), members of Parliament who are developing legislation that might affect aboriginal or treaty rights do not have a duty to consult with the bearers of those rights. But beyond this point, the case leaves some big questions unsettled.

Aboriginal Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (October 8 – 12, 2018)

  • October 15, 2018
  • John Polyzogopoulos

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In Shah v LG Chem Ltd, the Court of Appeal certified a class action for claims of conspiracy at common law and conspiracy to price fix under the Competition Act, in relation to lithium-ion batteries. The Court determined that the concept of “indeterminate liability” in negligence law should not be imported into the analysis of common conspiracy or Competition Act claims.

Aboriginal Law, Civil Litigation, Student Forum

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