About ArticlesThe below articles are published by the Aboriginal Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles



2015 Ontario Court of Appeal Administrative Law Cases

  • November 19, 2015

2015 administrative law case summaries from the Ontario Court of Appeal: R. v Michaud, Taylor-Baptiste v OPSEU, Prince Edward County Field Naturalists v Ostrander Point GP Inc., Chaudhary v Canada (Minister of Public Safety & Emergency Preparedness)

Aboriginal Law

Case Summary - R v. Kokopenace (2015 SCC 28)

  • September 10, 2015
  • Brandon MacLeod

The rocky history between Aboriginal peoples and the criminal justice system has long been a thorn in the side of equitable administration of justice in Canada. In Kokopenace, the SCC considered the lack of participation in the jury roll composition process and a subsequent lack of Aboriginal representation on jury rolls.

Case Comment: R v Daybutch

  • September 10, 2015
  • Christina Gray

Curative discharge - Impaired driving - Equality rights of Aboriginal offenders - Charter of Rights and Freedoms - Section 15 - Failure to proclaim in force s. 255(5) of Criminal Code - Respectful dialogue with executive branch.

Comments on Bill 66, the Proposed Great Lakes Protection Act

  • April 20, 2015
  • David McRobert and Burgandy Dunn

David McRobert and Burgandy Dunn argue for participant funding in comments on Ontario's Great Lakes Protection Act, with examples of effective funding in Ontario and other jurisdictions since 1988. An abridged version of these comments will be submitted to Ministry of Environment and Climate Change as part of the Environmental Bill of Rights, 1993 comments process before April 26, 2015.

Aboriginal Law

First Nations Financial Transparency Act: Transparency for Whom?

  • January 21, 2015
  • Megan Strachan

This article provides an overview of new legislation and how it has proven controversial with many First Nations. The article discusses how some object, not to the principle of transparency, but to the inherent paternalism in the form of transparency being imposed on First Nations by Ottawa. For many observers, this step is reminiscent of an outmoded approach toward First Nation-Crown relations.

Aboriginal Law