Anderson v. Alberta: Supreme Court of Canada Clarifies When First Nations can be Awarded Advance Costs in Litigation On March 18, 2022, the Supreme Court of Canada issued an important decision for First Nations seeking legal redress for harms caused to their lands and resources. In Anderson v. Alberta, 2022 SCC 6 (“Anderson”), the Court [...]
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 [...]
If a court or a government official has made a decision that has a negative impact on you as an Indigenous person or collective (First Nation, Metis or Inuit group or other Indigenous collective) our lawyers will support your efforts to have that decision overturned or corrected. Appeals and judicial reviews are ways to have [...]
FUNDING OPPORTUNITY FOR TEST CASES ON HUMAN RIGHTS The recently reinstated Court Challenges Program will offer funding for test cases related to the equality provisions of the Charter, among others. The program objectives are to provide financial support to help Canadians gain access to the courts for the litigation of test cases of national [...]
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 [...]
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 [...]
Westaway Law Group is proud to represent our First Nation, Métis and Inuit clients as Appellants, Respondents and Interveners 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 [...]
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 [...]
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 [...]
