Message from the Editors 2011/2012 05 juillet 2012 Nastaran Roushan I hope that you enjoy reading the second edition of the OBA Aboriginal Law Section Newsletter for the 2011/2012 year.
Joint OBA Program on “Developments in Aboriginal-Industry Negotiations & Financing” 15 décembre 2011 Nastaran Roushan The importance of obtaining consent by communities affected by resource projects continues to garner study and attention by industry and Indigenous rights groups.
Grassy Narrows: A sea change in provincial control of natural resources? 15 décembre 2011 Kenning Marchant Keewatin v. Ontario, 2011 ONSC 4801 (CanLII) has created jurisdictional uncertainty with respect to forestry licenses that could have ramifications for a number of natural resource and mining agreements.
The Debate Over Indian Act Reform 15 décembre 2011 John Rowinski Indian Act reform is not a new concept, neither are debates over how such reforms would be best implemented. Reform is necessary and should be implemented by empowering Aboriginal peoples with autonomy through a bottom-up approach.
Incarcerating Aboriginal Youth: Some Issues 15 décembre 2011 John Edmond Aboriginal persons and specifically, Aboriginal youth, are overrepresented in Canadian prisons and penitentiaries. John Edmond explores the impacts of legislation and judicial practice on Aboriginal offenders and the wider community.
British Columbia Update: West Coast Provincial Policies Ebb and Flow 15 décembre 2011 Drew Mildon, Matt Boulton British Columbia has been pursuing new approaches to Aboriginal rights outside of the treaty process.
The BC Treaty Process – nearly twenty years on 15 décembre 2011 Geoff Plant As the 20th anniversary of the BC treaty process nears, an inevitable costs-benefits analysis is being undertaken about the results obtained and the expenditures incurred.
When Legislators Make Bad Law: Bill C-3’s Assault on Democracy 02 septembre 2011 Pamela Palmater Pamela Palmater deconstructs the government’s actions with the drafting of Bill C-3, and argues that the list of problems with the Bill outweigh any benefits, with the end result being an assault on the fundamental aspect of equality.
Renewing Government Authorizations after Carrier Sekani: A “Novel” Problem 02 septembre 2011 Brian J. Hebert Brian J. Hebert describes the issues that arise with regard to the duty to consult and accommodate as a result of the Carrier Sekani decision.
“The Changing Court Room: Native Title Cases in Australia” Review 02 septembre 2011 David Barbaree David Barbaree gives a synopsis of Justice Tony North's April 28th, 2011 presentation at the OBA Conference Centre