In November 2004, the Supreme Court of Canada released two seminal decisions: Haida Nation v. British Columbia (Haida)1 and Taku River Tlinglit (Taku River)2, which concretized the duty to consult. In both cases, the BC First Nations asserted that they had aboriginal rights and title to the lands and resources affected by the Crown’s decisions. …
The Duty to Consult – Key Principles From Haida and Beyond Read More »
On January 28, 2021 the Ontario Energy Board (OEB) issued its decision to conditionally approve a Leave to Construct (LTC) application brought by Enbridge Gas Inc. (Enbridge) on September 2, 2020.1 The LTC related to some 90.5 kms of pipeline in Southwestern Ontario – 8.4km of which was new while the bulk of construction related …
Consultation in the time of COVID-19 The London Lines Project Read More »
Many difficulties encountered on First Nations are interconnected. Many problems come together to make First Nation laws difficult to enforce and prosecute. This, in turn, leads to problems in areas like health and resource management, as recent issues with COVID-19 have made clear in 2021. But what makes it so difficult to enforce them in …
Difficulty In Enforcement And Prosecution Of First Nation Laws Read More »
Last October, the Law Society of Alberta made it a requirement that all lawyers in the province had to take a course on Indigenous cultural competency, starting in 2021. A unilateral action like this isn’t very common in the law profession, but Kent Teskey, the president of the Law Society of Alberta, said that it’s …
Should All Lawyers Take Indigenous Cultural Competency Training? Read More »
November 16 is Louis Riel Day for Métis across Canada; it’s a national remembrance that is different from the Louis Riel Day held in Manitoba in February. November 16 was chosen because, on this day in 1885, Louis Riel was executed for leading the Northwest Resistance in defence of Métis rights.1 Ceremonies are held each …
According to recent statistics, 96% of Canadians have access to the internet. Compared with the United States, where 10% of the population lacks a connection, this sounds like quite an achievement. However, the fact that so many Canadians have Internet access does not reflect the current realities many people face when trying to access the …
The Indigenous Community Support Fund is the Federal Government’s assistance plan for Indigenous governments. Also known as “the Fund,” it was initiated in March to help Indigenous organizations and communities providing services to Indigenous peoples prevent, prepare and respond to COVID-19.[1] $685 million dollars has been earmarked for elder support, food insecurity, educational aid for …
Leading up to our nation’s biggest holiday, Indigenous activists across Canada organized marches under the banner of “Cancel Canada Day.” To many non-Indigenous Canadians, the very idea was off-limits. Cancel Canada Day?
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) enshrines the rights that “constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.”[1] When the UNDRIP passed in 2007 – important for the context of Canada, as we shall see – the 46 articles upheld the …
What Is UNDRIP And How Does It Impact Indigenous Peoples? Read More »
From time immemorial, Indigenous peoples in Canada have enjoyed a special relationship with their traditional territories: they are the original stewards of natural resources and the guardians of biodiversity. Members of Aboriginal communities continue to engage in traditional resource activities like hunting, fishing, and trapping, which place them in a direct relationship of dependence on …