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

Nevsun and the Canadian Mining Experience

  • 31 mai 2019
  • Naomi Sayers

This article explores the responsibilities of Canadian mining companies operating in a global context after the Supreme Court of Canada heard a case in early 2019. Plaintiffs allege Nevsun Resources Ltd. is liable for the actions of its subsidiary in Africa. One issue is whether British Columbia, Nevsun’s corporate jurisdiction, lacked subject matter competence in respect of the claim. The author agrees with the lower courts that British Columbia should hear the case.

Droit autochtone, Student Forum

Indigenous Two Spirited People: Program Review and Highlights

  • 13 décembre 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.

Droit autochtone, Student Forum

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

  • 02 novembre 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.

Yaiguaje v Chevron Corporation, 2018 ONCA 472: A Necessary Discussion

  • 14 septembre 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.

Droit autochtone, Student Forum

Law Society of Ontario to review the process for assessing a candidate's good character

  • 14 mai 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.

Droit autochtone, Student Forum

Indigenous Peoples and Canada: Moving beyond the colonial legacy

  • 26 mars 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.

Droit autochtone

Chevron Decision May Signal Challenges Remain to Achieve Greater Accountability, Transparency and Corporate Social Responsibility in the Oil and Gas Sector

  • 11 janvier 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.

Droit autochtone

Duty to Consult: Implications of the Clyde River and Chippewas of the Thames Decisions

  • 13 novembre 2017
  • Nicole Daniel JD Candidate, 2019 Osgoode Hall Law School, York University

On September 28th, 2017 the OBA Aboriginal Law Section held a panel entitled “Duty to Consult: Implications of the Clyde River and Chippewas of the Thames Decisions.” Counsel to the Crown, Clyde River, and the NEB, discussed the outcome and implications of the Supreme Court of Canada's most recent decisions on the duty to consult and accommodate.

Droit autochtone, Student Forum

Opinion: Why should the LSUC change its name? It's 2017.

  • 02 octobre 2017
  • David McRobert

For decades, those of us who have come from away to live in Ontario have puzzled over a strange conundrum. Why isn't the Law Society serving the residents of Ontario called the Law Society of Ontario? Why does Ontario's Law Society cling to an arcane tradition of insisting its name must remain as the Law Society of Upper Canada (LSUC)? It's 2017.

Droit autochtone