Westaway Law Group has amassed considerable experience in conducting mediation proceedings and guiding multi-party disputes toward settlement. Although going to court to resolve a dispute is necessary in some cases, it is usually preferable to resolve disputes through dialogue and negotiated agreement whenever possible given the emotional and financial toll that court proceedings can take. [...]
Westaway Law Group’s lawyers have experience representing both employers and employees in Employment Law matters at various courts and tribunals. We have specialized knowledge of Employment Law in the Indigenous Law context. As such, we understand the importance of restorative long-term solutions that respond to the unique political, social and community issues facing Indigenous [...]
It is important to acknowledge the significant role Indigenous Peoples have played in Canada's history, and the importance of our relationship, as a government, with Indigenous Peoples. The importance of that history and relationship underpins our indigenous languages legislation. The indigenous languages act is historic. Its impact will be felt by many future generations. [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
RESOLVING LEGAL DISPUTES: ALTERNATIVES TO LITIGATION All legal issues are essentially a dispute: two (or more) parties cannot agree on the interpretation or enforcement of their legal obligations. While the resolution of legal disputes is often conflated with the adversarial court system, in fact there exist a wide range of “alternatives” to litigation. 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 [...]
