Articles 2021


Adverse Possession and Reserve Land

  • 03 janvier 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.

Droit autochtone, Student Forum

Understanding Cultural Sensitives through a Trauma-Informed Lens

  • 01 juin 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.

Droit autochtone, Student Forum

Sustaining Progress in Indigenous Legal Education

  • 04 mars 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.

Droit autochtone, Student Forum

Using Gladue Jurisprudence: An Exploration

  • 31 mars 2022
  • Naomi Sayers

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

Droit autochtone, Droit constitutionnel, libertés civiles et droits de la personne, Student Forum
R. Martin Bayer

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

  • 28 juin 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.

Droit autochtone, Student Forum
Wendy Parkes, LL.B.

Interview with Caitlin Tolley, Algonquin Anishinaabe Lawyer

  • 12 mai 2021
  • Wendy Parkes, LL.B.

Wendy Parkes, LL.B., a member of the OBA Aboriginal Law Section Executive and assistant professor at the Bora Laskin Faculty of Law, Lakehead University, interviews Caitlin Tolley, Algonquin Anishinaabe lawyer who works in MAG's Indigenous Justice Division.

Droit autochtone, Student Forum

Interview With An Anishinaabekwe Lawyer

  • 09 décembre 2020
  • Naomi Sayers

Naomi Sayers, an Anishinaabekwe Lawyer herself, interviews Janine Seymour, an Anishinaabekwe from Wauzhushk Onigum Nation, located approximately five kilometres from the City of Kenora. Naomi wants to learn more about Indigenous legal practitioners throughout Ontario and chose to interview Janine after interacting with her on Twitter. Janine talks about her experiences in law school to now practicing law in northern Ontario!

Droit autochtone, Student Forum

Program Highlights: Critical Issues in the Enforcement of Indigenous Laws

  • 05 novembre 2020
  • Kelsey Buchmayer

A significant problem facing many Indigenous Peoples is the lack of an effective enforcement mechanism for Indigenous laws, which can render them ineffectual. On October 15, 2020, the OBA’s Aboriginal Law Section hosted a program on “Critical Issues in the Enforcement of Indigenous Laws,” chaired by R. Martin Bayer and Naomi Sayers, that explored the various challenges that prevent the enforceability of Indigenous laws as well as opportunities to overcome these hurdles.

Droit autochtone, Student Forum

Program Highlights: Practical Perspectives on Hot Topics, Emerging Issues and Game-Changing Cases

  • 21 mai 2020
  • Katerina Maragos, student-at-law, Borden Ladner Gervais LLP

Five years ago, the Ontario Bar Association’s Aboriginal Law Section held a program titled: “Practical Perspectives on Hot Topics, Emerging Issues & Game-Changing Cases” and since then, the practice of Aboriginal law has changed dramatically. To bring fellow members, non-members and students up to speed, the OBA Aboriginal Law Section hosted an updated version of this program during the OBA’s 2020 Institute. This article summarizes the 2020 program highlights.

Droit autochtone, Student Forum

Agreeing to Share: Treaty 3, History & the Courts

  • 20 avril 2020
  • Kate Gunn, First Peoples Law

In 2014, the SCC opened its landmark judgment in Grassy Narrows with the statement that on entering into Treaty 3, the Ojibway “yielded ownership of their territory” to the Dominion of Canada in exchange for reserve lands, payments, and limited rights on non-reserve lands. There is no mention of the fact that the Court’s opening statement is contrary to the Ojibway understanding that the treaty was an agreement for both parties to share in and benefit from the lands.

Droit autochtone, Student Forum