23 04, 2021

Federal Budget 2021: A Recovery Plan for Jobs, Growth, and Resilience – Highlights for Indigenous Peoples

2021-04-23T10:49:18-04:00

The federal government released Budget 2021: A Recovery Plan for Jobs, Growth, and Resilience on April 19, 2021 (Budget 2021). It is a long document (over 700 pages). We were encouraged to see numerous measures included that address issues specific to Indigenous peoples. Most of these commitments are found in Chapter 8, entitled “Strong [...]

Federal Budget 2021: A Recovery Plan for Jobs, Growth, and Resilience – Highlights for Indigenous Peoples2021-04-23T10:49:18-04:00
30 03, 2021

Auditor General’s Report – Access to Safe Drinking Water in First Nations Communities

2021-03-30T08:38:02-04:00

Overview On February 25, 2021, the Auditor General tabled a Report in Parliament entitled, “Access to Safe Drinking Water in First Nations Communities – Indigenous Services Canada” (the Report). The central question considered by the Auditor General is whether Indigenous Services Canada (ISC) provided adequate support to First Nations communities to ensure that they [...]

Auditor General’s Report – Access to Safe Drinking Water in First Nations Communities2021-03-30T08:38:02-04:00
30 03, 2021

Reference re: Greenhouse Gas Pollution Pricing Act

2021-03-30T08:17:27-04:00

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 [...]

Reference re: Greenhouse Gas Pollution Pricing Act2021-03-30T08:17:27-04:00
18 12, 2020

Recent Changes to Part II of the Canada Labour Code

2021-01-05T09:24:48-05:00

As a Band Council subject to the Canada Labour Code – are you prepared for the new obligations to proactively address workplace harassment and violence that came into effect on January 1, 2021? The Canada Labour Code (the Code) defines the rights and responsibilities of employers and employees in federally-regulated workplaces. Because the operations [...]

Recent Changes to Part II of the Canada Labour Code2021-01-05T09:24:48-05:00
4 12, 2020

Federal Government Tables Legislation (Bill C-15) to Implement UNDRIP

2020-12-04T11:19:00-05:00

Yesterday, December 3, 2020, the Minister of Justice and Attorney General of Canada introduced in Parliament Bill C-15, United Nations Declaration on the Rights of Indigenous Peoples Act. The purpose of this Bill is to affirm the United Declaration on the Rights of Indigenous Peoples (Declaration) as a universal, international, human [...]

Federal Government Tables Legislation (Bill C-15) to Implement UNDRIP2020-12-04T11:19:00-05:00
8 07, 2020

Case Summary – Restoule v Canada

2020-07-21T10:24:08-04:00

Restoule v. Canada (Attorney General), 2020 ONSC 3932   The Inapplicability of Ontario Limitations and Crown Immunity Defenses to Claims for Compensation for Treaty Annuity Payment Shortfalls On June 26, 2020, Ontario Superior Court Justice Patricia Hennessy released her decision for “Stage Two” of the Restoule v. Canada Treaty [...]

Case Summary – Restoule v Canada2020-07-21T10:24:08-04:00
19 03, 2020

Economic Development

2020-03-19T09:32:38-04:00

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, [...]

Economic Development2020-03-19T09:32:38-04:00
19 03, 2020

Constitutional Law

2020-03-20T09:10:45-04:00

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, [...]

Constitutional Law2020-03-20T09:10:45-04:00
19 03, 2020

Indigenous Governance & Modern Treaties

2021-04-12T17:56:40-04:00

The modern treaties attempt to further the objective of reconciliation not only by addressing grievances over the land claims but by creating the legal basis to foster a positive long-term relationship between Aboriginal and non-Aboriginal communities. Beckman v Little Salmon Carmacks First Nation, 2013 Section 35 of the Constitution Act, 1982 provides for the [...]

Indigenous Governance & Modern Treaties2021-04-12T17:56:40-04:00
3 12, 2019

Specific Claims

2022-06-23T15:25:40-04:00

The honour of the Crown requires that the Crown fulfil their treaty promises with honour, diligence, and integrity. The duty of honour also includes a duty to interpret and implement the Treaties purposively and in a liberal or generous manner. Justice Hennessy, Restoule v Canada (Attorney General) 2018 Specific Claims The Specific Claims process [...]

Specific Claims2022-06-23T15:25:40-04:00
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