Marijuana In First Nations Communities – What Law Will Apply?

June 7, 2018
Blog Post

The Federal Government in on track to legalize marijuana later this year, with Bill C-45 making its way through the Senate. However, there are many questions still unanswered as to the implementation of this piece of legislation, not least of which is how the sale of marijuana will operate in First Nations communities. Will provincial law apply, or can Indigenous people take full responsibility for its management?

Michel Nolet Featured in Law Times Article

May 3, 2018
Blog Post

Indigenous lawyer Michel Nolet was recently featured in an article in the Law Times about the developing class action related to the “Indian hospitals”. These were operational in Canada between 1945 and 1981, and it is alleged that many Indigenous people suffered abuse and mistreatment at these institutions.

The Right to One’s Image – Privacy Laws in Quebec

April 23, 2018
Blog Post

The civil remedies available to deal with the problem of “revenge porn” are still in their early stages of development in Ontario. By contrast, the principles applicable to these cases have been settled for quite some time in Quebec. This post looks compares Ontario privacy law with the law in Quebec.

Lanise Hayes Quoted in Law Times Editorial

December 6, 2017
Blog Post

Our very own Lanise Hayes was recently quoted in the Law Times editorial “Words versus actions”. The piece is about the federal bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.

Can Judicial Review Conclusively Determine the Existence of Aboriginal Rights?

November 27, 2017
Blog Post

The recent Supreme Court of Canada decision Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations) related to the spiritual significance of a proposed development site. The applicants, the members of the Ktunaxa Nation, challenged a provincial minister’s decision to approve the project on the basis of both a section 35 duty to consult and the right to freedom of conscience and religion enshrined in section 2(a) of the Canadian Charter of Rights and Freedoms.

Delegating the Duty, Minimising Responsibility?

August 16, 2017
Blog Post

Much has been written on the Supreme Court of Canada decisions in Clyde River (Hamlet) v Petroleum Geo-Services Inc. (“Clyde River”), and Chippewas of the Thames First Nation v Enbridge Pipelines Inc. (“Chippewas”) since they were released in late July 2017. In short, the decisions affirm the possibility that hearings and consultations conducted by the National Energy Board (the “NEB”) might satisfy the Crown’s constitutional duty to consult with Indigenous peoples.

Own-Source Revenue – Reconcili-action?

July 5, 2017
Blog Post

Last week, the federal government announced changes to its Own-Source Revenue (“OSR”) Policy held in relation to self-governing First Nations. Specifically, the government declared a moratorium of “up to three years” on OSR claw-backs.