Articles

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

Editor: sectioninsiders@oba.org

Today
Today

A New Paradigm for Aboriginal Consultation in Ontario

  • December 05, 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.

Aboriginal Law

Consultation - Then and Now

  • December 05, 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.

Aboriginal Law

Crown Delegation of Consultation Responsibilities

  • December 05, 2012
  • Peter Landmann

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.

Aboriginal Law

Attawapiskat Wins Judicial Review of Decision to Appoint Third-Party Manager

  • December 05, 2012
  • Karen Drake

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.

Aboriginal Law

Ontario's Newest Law School

  • December 05, 2012
  • Lee Stuesser

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.

Aboriginal Law

Message from the Editors

  • December 05, 2012
  • Nastaran Roushan, Richard Ogden

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.

Aboriginal Law