Articles

CBA Members

Aboriginal
Writes

CBA Aboriginal Law Section

CBA Aboriginal Law Section articles are published under the banner Aboriginal Writes. Members interested in posting articles are encouraged to send them to the Section Communications Committee.

Communications Committee Members: Tim Thielmann, Jameela Jeerobhurkan, Jaela Shockey

Today
Today

Gladue factors and judicial interim release

  • September 11, 2017
  • Gabriel Sandstrom

In December of 2015, the Truth and Reconciliation Commission released its official report, including 94 calls to action “to redress the legacy of residential schools and advance the process of … reconciliation” in Canada’s relationships with Indigenous peoples.

Aboriginal Law, Criminal Justice

Obtaining and presenting evidence

  • September 11, 2017

This article discusses the Federal Court of Appeal ruling concerning the processes for obtaining and presenting evidence in consultation cases in the Federal Court and Federal Court of Appeal in Tsleil-Waututh Nation v. Canada (Attorney General), 2017 FCA 128,

Aboriginal Law

Protecting Wood Buffalo National Park

  • September 11, 2017

The UNESCO World Heritage Committee has called on Canada to take major new steps to protect the Wood Buffalo National Park – an area of critical importance for the rights and culture of Mikisew Cree First Nation.

Aboriginal Law

Consultation adequacy

  • September 11, 2017

The recent decision on consultation adequacy in Saugeen First Nation and Chippewas of Nawash Unceded First Nation v. Ontario Minister of Natural Resources and Forestry and T & P Hayes Ltd., 2017 ONSC 3456 recognized that the expense of consultation arises as a result of the proponent’s desire to pursue a project, usually for gain, and the desire of the Crown to see the project move ahead.

Aboriginal Law

Reconciliation is an English word

  • August 23, 2017

This article discusses the refusal of the Speaker of the House of Commons to have speeches translated into Indigenous languages. The article argues that this is contrary to reconciliation and that we are long past the time when the House of Commons should provide for translations.

Top 10 developments in Aboriginal consultation and treaty law in 2016

  • May 18, 2017
  • Alexandre-Philippe Avard and Simon Kupi

Opening against newly-elected Prime Minister Justin Trudeau’s pledge of a “renewed, nation-to-nation relationship with Aboriginal peoples,” 2016 was a year of great expectations for Canadian Aboriginal law—and not least in the ever-changing domain of the Crown’s duty to consult and treaty rights.

Aboriginal Law, Environmental, Energy and Resources Law

Yellowknives Dene First Nation v. Canada: Cumulative impacts and aboriginal consultation

  • November 16, 2015
  • Cindy Kieu

Cindy Kieu of Shores Jardine LLP looks at the Federal Court of Appeal decision in Yellowknives Dene First Nation v. Canada, which she says is significant in demonstrating the reviewing court’s willingness to place the Crown’s duty to consult on the shoulders of administrative tribunals mandated to conduct environmental assessments.

Aboriginal Law