Articles

Aboriginal Law

Inquest Into The Deaths Of 7 First Nations Youth Comes to a Conclusion The Inquest into the deaths of Jethro Anderson, Curran Strang, Paul Panacheese, Robyn Harper, Reggie Bushie, Kyle Morriseau and Jordan Wabasse, seven (7) First Nation youth who died while attending high school in the City of Thunder Bay, concluded on June 28, 2016. These young people were forced ... October 6, 2016
Explaining the Inquest into the Deaths of Seven First Nations Students in Thunder Bay On October 5, 2015, the long-awaited Inquest into the deaths of seven First Nation students, who died while attending high school in Thunder Bay, Ontario, between 2000 and 2011, commenced pursuant to the Coroners Act. I am representing the Provincial Advocate for Children and Youth throughout the six month review of the young students' deaths. January 5, 2016
Supreme Court Clarifies Consultation Responsibilities The Supreme Court of Canada recently released two significant decisions that will affect development in Northwestern Ontario - Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 and Grassy Narrows First Nation v. Ontario, 2014 SCC 48.

Tsilhqot’in is the first case to declare the existence of Aboriginal title over approximately 1700 square kilometres of remote lands in British Columbia, upon principles developed in earlier cases. This case was framed to seek a declaration of title as opposed to a delineation of consultation and protection obligations regarding development of the land...
August 21, 2014
Matrimonial Homes and Property Rights on First Nations Lands On June 19, 2013, the Family Homes on Reserves and Matrimonial Interests or Rights Act (the “Act”) received royal assent, and became law. Prior to the Act, courts could not make orders at all about the possession or sale of a family home (or any other on-reserve real property interests), and division of the proceeds when required to implement equalization of family property if it was located on a reserve, since this was governed exclusively by the Indian Act reserve lands provisions.

The communal nature of aboriginal title results in a separation of the concepts of ownership and rights to possession regarding property on First Nations. Constitutionally, provincial family law provisions cannot affect...
July 25, 2014