Articles

Peter Landmann stipulates that although Crown delegation of the procedural aspects of consultation is both necessary and permissible, the courts should provide more guidance delineating the roles of Aboriginal communities, proponents and the Crown within the consultation process.

This article examines the successful judicial review of the decision of the Minister of Aboriginal Affairs and Northern Development Canada in appointing a third-party manager over Attawapiskat First Nation’s financial affairs following publicity over Attawapiskat’s housing crisis.

Professor Stuesser, the Founding Dean of the Faculty of Law at Lakehead University, provides an assessment of the distinctiveness of Ontario’s newest law school in relation to the Aboriginal community and Aboriginal law.

This edition begins with an article by Lee Stuesser, the founding dean of the new Lakehead University Faculty of Law. Professor Stuesser addresses a variety of concerns that the opening of Ontario’s future (sole) Northern law school has raised.

A summary of the presentations given by speakers at the 2012 OBA Institute session on Emerging Trends in Aboriginal Law.

A case comment on Wahgoshig First Nation v. Ontario and the potential of using injunctions in enforcing adequate consultations.

Are reforms to the First Nations Elections Act predicated on paternalistic notions of Indigenous self-government?

Ms. Maheandiran explores the impact of Canadian courts’ unwillingness to hold Canadian companies responsible for conduct outside of Canada and the impact of jurisdictional confines where indigenous communities are potentially impacted.

The issue in determining the requirement and depth of consultation is whether or not the Crown acted honourably in its relationship with the Aboriginal community, not whether or not a preliminary assessment was adequately undertaken

How effective is the duty to consult in protecting Aboriginal and treaty rights when consultation proceeds on a project-by-project basis and fails to adequately consider the cumulative effects of historic development?