26 09, 2019

Law Reform

2019-10-11T10:43:19-04:00

“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 [...]

Law Reform2019-10-11T10:43:19-04:00
13 09, 2019

Southwind v Canada

2019-09-26T13:01:31-04:00

Federal Court of Appeal upholds compensation awarded in Southwind v. Canada, 2019 FCA 171 In 2017 the Federal Court awarded the Lac Seul First Nation roughly $30 million as equitable compensation for breaches of the Crown’s fiduciary duties in connection with the construction of a dam that flooded one-fifth of [...]

Southwind v Canada2019-09-26T13:01:31-04:00
11 09, 2019

Aboriginal Title

2019-10-18T12:17:25-04:00

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 [...]

Aboriginal Title2019-10-18T12:17:25-04:00
11 09, 2019

Métis Rights

2019-10-11T13:00:21-04:00

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 [...]

Métis Rights2019-10-11T13:00:21-04:00
11 09, 2019

Historic Treaty Rights

2019-10-11T13:00:47-04:00

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 [...]

Historic Treaty Rights2019-10-11T13:00:47-04:00
10 09, 2019

Aboriginal Rights

2019-10-11T13:01:13-04:00

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 [...]

Aboriginal Rights2019-10-11T13:01:13-04:00
10 09, 2019

Consultation and Accommodation

2019-10-11T13:01:55-04:00

DUTY TO CONSULT AND ACCOMMODATE 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 [...]

Consultation and Accommodation2019-10-11T13:01:55-04:00
10 09, 2019

Supreme Court Advocacy and Agency

2019-10-11T10:44:33-04:00

Westaway Law Group is proud to represent our First Nation, Métis and Inuit clients as Appellants, Respondents and Intervenors 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 Our [...]

Supreme Court Advocacy and Agency2019-10-11T10:44:33-04:00
10 09, 2019

Equality Rights

2019-10-15T10:28:21-04:00

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 [...]

Equality Rights2019-10-15T10:28:21-04:00
20 04, 2018

2018 Federal Budget

2019-09-26T13:08:06-04:00

Finance Minister Bill Morneau met with the Economic Club of Canada to review the Government of Canada’s new Budget 2018 “Equality + Growth: A Strong Middle Class”. Similar to Finance Canada’s previous estimates, the Federal Government will be running a deficit. (Please see: http://nationalpost.com/news/politics/read-the-full-text-of-the-2018-federal-budget to read Minister Morneau’s full speech.) Canada indicates that the Budget [...]

2018 Federal Budget2019-09-26T13:08:06-04:00