Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du droit autochtone de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : Saba Ahmad, Alexandria Winterburn

Aujourdʼhui
Aujourdʼhui
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

Understanding Cultural Sensitivities

  • 05 février 2020
  • Chief Kelly Larocca, Mississaugas of Scugog Island First Nation

The single most significant step a lawyer can take in serving the aboriginal community is to avoid assumption making. Particularly in aboriginal rights litigation, lawyers need to be mindful that each segment or individual in a community will have a story to tell much of which will be quite relevant. In this article, Chief Kelly Larocca, of the Mississaugas of Scugog Island First Nation, discusses considerations for practitioners when it comes to understanding cultural sensitivities.

Droit autochtone, Student Forum

Program Highlights on Bill C-92 and its Practical Impacts

  • 06 janvier 2020
  • Kelsey Buchmayer

On November 28, 2019, the OBA's Aboriginal Law and Child and Youth Law Sections hosted a program titled: “Legislative Spotlight: Bill C-92 and Its Impact On Your Practice”. This timely program was intended to provide a space for interdisciplinary discussion on the impacts of the implementation of the new federal Indigenous child welfare legislation, Bill C-92: An Act respecting First Nations, Inuit and Métis children, youth and families, which comes into force January 1, 2020.

Droit autochtone, Student Forum

Discarding Old Prejudices: Judicial Precedent and Aboriginal Title

  • 13 décembre 2019
  • Kent McNeil

In this article, legal scholar, Kent McNeil, offers a glimpse of his recent book, Flawed Precedent: The St. Catherine’s Case and Aboriginal Title, where he investigates the 1888 St. Catherine’s decision, the racist assumptions about Indigenous peoples present at the time and how the decision shaped Canadian law and policy until the 1970s, when its authority was finally questioned by the Supreme Court in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings.

Droit autochtone, Student Forum

Worth a Second Look: Indigenous Implications of Bills C-69 and C-68

  • 28 octobre 2019
  • Stephanie Axmann, counsel, McCarthy Tetrault, Bryn E. Gray, Partner, McCarthy Tetrault

On August 28, 2019, Canada’s new federal environmental legislation under Bill C-69 and Bill C-68 came into force. These new statutes and legislative amendments introduce enhanced Indigenous consultation requirements for mining, pipeline, and other projects that require federal impact assessments and certain federal regulatory approvals and permits.

Droit autochtone, Student Forum