The reconciliation of Aboriginal and non-Aboriginal Canadians in a mutually respectful long-term relationship is the grand purpose of s. 35 of the Constitution Act, 1982. Beckman v Little Salmon Carmacks First Nation, 2013 A vital component of constitutional law for Indigenous peoples is section 35 of the Constitution Act, 1982. Section 35 recognizes and affirms existing Aboriginal rights, [...]
“It is not our differences that divide us. It is our inability to recognize, accept, and celebrate those differences.” - Audre Lorde THE CHARTER OF RIGHTS AND FREEDOMS The Charter of Rights and Freedoms (the Charter) was enacted in 1982 and acts as a “bill of rights” for individuals. The Charter primarily protects certain [...]
“We do not need magic to change the world, we carry all the power we need inside ourselves already: we have the power to imagine better.” - J K Rowling Law reform (or “legal reform”) refers to the process of examining existing laws, and advocating and implementing changes in a legal system, usually with [...]
In 1973, the Supreme Court of Canada confirmed that unextinguished Aboriginal title continued to exist in parts of Canada, though at the time the interest was considered to be a right held by Indigenous communities to simply to possess (not necessarily exclusively) and use the lands. This right was also considered to be subject [...]
Section 35 of the Constitution Act, 1982, protects the existing Aboriginal rights of the “aboriginal peoples of Canada”, which includes the Métis. Aboriginal rights are modern-day practices, customs or traditions that are integral to Indigenous communities today and have their roots in the community’s practices, customs and traditions prior to contact with explorers and [...]
The Supreme Court of Canada has held that a Treaty between the Crown and Indigenous peoples is unique. It is neither created nor terminated according to the rules of international law. The term “Historic Treaty” refers to Treaties that were negotiated an entered into by representatives of the British Crown and the Indigenous peoples [...]
Aboriginal rights are modern-day practices, customs or traditions that are integral to Indigenous communities today and have their roots in the community’s practices, customs and traditions prior to contact with explorers and traders arriving from Europe. Although traceable to pre-contact practices, the practice protected today will not be frozen in its historical form, and [...]
Westaway Law Group is proud to represent our First Nation, Métis and Inuit clients as Appellants, Respondents and Interveners before the Supreme Court of Canada. Located just minutes from the Supreme Court, we are also poised to act as Ottawa Agents for the service and filing of documents as required by the Court. Representation [...]
HUMAN RIGHTS AND INTERNATIONAL LAW Human rights are rights that we all have by virtue of our shared humanity. In Canada, the Charter of Rights and Freedoms provides constitutional protection for these rights, including the right for everyone to be equal before and under the law. Federal, provincial and territorial human rights laws also [...]
SECTION 15(1) The right to equality is recognized and protected by the Canadian constitution. Section 15(1) of the Canadian Charter of Human Rights provides: “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination [...]
