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.

Today
Today

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

R v. Kokopenace: A missed opportunity

  • September 14, 2015
  • Cassandra Porter and Natai Shelsen

Cassandra Porter and Natai Shelsen of Sack Goldblatt Mitchell LLP in Toronto look at the Supreme Court of Canada decision in R v. Kokopenace, which they say represents a missed opportunity to address the alienation of Aboriginal Peoples from the criminal justice system.

Aboriginal Law

Signing of a new agreement between Québec government and Eeyou Istchee Cree Nation

  • September 14, 2015
  • Yvan Houle

IA longstanding dispute before the courts dealing with the Cree Nation’s challenge to the management of forestry activity’s in northern Quebec has been resolved with the signing of an agreement between the Québec government and the Eeyou Istchee Cree Nation. Yvan Houle of BLG provides details of the agreement along with some historical perspective.

Aboriginal Law

Sentencing and segregation

  • September 01, 2013
  • Elin Sigurdson and Erin Thomson

BobbyLee Worm, a First Nations woman from Saskatchewan, was 19 years old and a first time offender when she was sentenced to six years in prison for robbery. She spent more than three and a half years of her sentence in segregation.

Aboriginal Law

First nation pension governance and federal funding assistance

  • September 01, 2013
  • Ian McSweeney, Louise Greig and Jon Marin

All Canadian employers who provide occupational pension plans as part of overall employee compensation must adopt prudent pension governance practices. For First Nation employers, band governance and pension plan governance go hand-in-hand.

Aboriginal Law