The 2013 Federal Budget Sends Mixed Messages on Aboriginal Issues 31 mai 2013 David McRobert On March 21, 2013, the Harper government tabled its second majority government budget. The budget fails to present an overall coherent strategy on Aboriginal issues, rather containing over a dozen measures designed to improve the health, welfare and economic prosperity of Aboriginal Canadians.
Does the Crown Hold a Duty to Consult Aboriginal Peoples Prior to Introducing Legislation? 31 mai 2013 Ashley Stacey, Nikki Petersen The duty to consult and, where appropriate, accommodate is triggered where Aboriginal interests are potentially adversely impacted by Crown conduct. Frog Lake First Nation and Mikisew Cree First Nation recently filed applications that raise an important question about the duty to consult
Daniels v. Canada, [2013] F.C.J. No. 4: Case Comment 31 mai 2013 Joseph Magnet, Andrew Lokan, Lindsay Scott n January 8, 2013, Justice Phelan of the Federal Court of Canada released his long-awaited decision in Daniels v. Canada.
A Conversation with Justice LaForme 31 mai 2013 Julie Jai, Richard Ogden On Thursday, February 7, 2013, following his address to the Aboriginal Law Section at the OBA Institute in Toronto, Justice Harry LaForme kindly sat down with Julie Jai (section chair), and Richard Ogden (newsletter co-editor)
Message From the Chair 31 mai 2013 Julie Jai 2013 began with a number of significant developments in Aboriginal law and policy, making it an especially interesting time to be a member of the Aboriginal Law Section.
Message from the Editors 31 mai 2013 Nastaran Roushan, Richard Ogden Developments in the field of "Aboriginal law" affect the self-determination of Aboriginal communities. Consequently, many Indigenous grassroots movements view the institutions that make and enforce "Aboriginal law" as a continuation of colonization.
Aboriginal Economic Development (Part 1) Sponsored by LSUC and OBA a Great Success 05 décembre 2012 David McRobert David McRobert provides a detailed summary of the June 20th, 2012 legal education program held by the Ontario Bar Association (Aboriginal Law Section) and the Law Society of Upper Canada.
Neskonlith Indian Band v. The City of Salmon Arm and Salmon Arm Shopping Centres Inc.: Do Municipalities Have a Duty To Consult? 05 décembre 2012 Jill Dougherty his article discusses the B.C. Court of Appeal decision which held that municipalities do not automatically have a duty to consult Aboriginal communities.
A New Paradigm for Aboriginal Consultation in Ontario 05 décembre 2012 David Hunter, Nalin Sahni, George McKibbon David Hunter, Nalin Sahni, and George McKibbon explore the provisions of the following statutes in creating Ontario’s “new Aboriginal consultation regime”: the new Canadian Environmental Assessment Act, 2012; amendments / enactments under Ontario’s mining legislation; and the Far North Act, 2010.
Consultation - Then and Now 05 décembre 2012 Neal Smitheman, Tracy Pratt, Andrew Baerg This article reviews the injunction and leave to appeal decisions in the Wahgoshig First Nation v. Solid Gold Resources Corp. litigation.