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, [...]
“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 [...]
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 [...]
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 [...]
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 [...]
In a landmark ruling, the Supreme Court of Canada concludes that the Crown breached its duty to consult the appellants in respect of the proposed seismic testing in Clyde River. Read the full decision here. Lire la décision complète ici. In a similar decision, the Supreme Court of Canada ruled that Enbridge could proceed with its reversal [...]
By: Melodi Alopaeus & Zachary Miloff PDF Download Word Download In Yahey v. British Columbia, 2015 BCSC 1302, the Supreme Court of British Columbia dismissed Blueberry River First Nations’ application for a pre-trial injunction to prevent the province from proceeding with a planned auction of 15 timber sale licences. Impending trial concerned breach of [...]
