On March 25, 2021, the Supreme Court of Canada released its decision in Reference re Greenhouse Gas Pollution Pricing Act.[1] The central issue in this case is whether the matters addressed in the Greenhouse Gas Pollution Pricing Act (the GGPPA) are matters of sufficient national concern that they fall within federal jurisdiction. The GGPPA [...]
Indigenous economic development is an integral component of reconciliation, holding huge potential to fuel Canadian economic growth. The Indigenous Economic Progress Report, 2019 Economic development creates reliable, long-term and prosperous employment opportunities and revenue streams for Indigenous communities. Westaway Law Group works alongside Indigenous communities, organizations, Band Councils and businesses to increase capacity, [...]
Westaway Law Group provides diverse legal services in the critical area of environmental law. Our lawyers are experienced advocates who understand Indigenous perspectives on stewardship of land, waters, culture, language, and traditional knowledge. We have produced numerous written environmental law submissions and critiques and have made oral submissions on behalf of our clients before [...]
“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 [...]
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 [...]
Since it was first articulated by the Supreme Court of Canada in 2004, the law on the duty to consult and, if appropriate, accommodate claimed and established Aboriginal and Treaty rights has helped to promote the economic development of Aboriginal lands and communities. The duty means that federal and provincial governments must take the [...]
R v Reynolds, 2017 NBCA 36 Subject : Fish and wildlife offences- illegal sale of moose Facts: The Aboriginal defendant killed a moose and traded its meat to K for a car. K, a non-Aboriginal person, was charged with unlawfully possessing and trading moose meat under Fish and Wildlife Act. The Defendant was charged as an [...]
The Duty to Consult & the Legislative Process PDF Download Word Download The Crown’s duty to consult and accommodate First Nations will once again receive scrutiny from Canada’s highest court, this time with respect to legislative action. At issue is whether the Crown has a duty to consult First Nations before it [...]
