It is open to governments to set up regulatory schemes to address the procedural requirements appropriate to different problems at different stages, thereby strengthening the reconciliation process and reducing recourse to the courts. Haida Nation v Canada, 2004 Administrative law regulates the relationship between individuals and the Crown (Canada and the provinces and territories). [...]
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 [...]
Litigation is the process of settling a legal dispute between two parties through the court system. When used correctly, it can be an extremely strong tool to enforce legal obligations, safeguard your rights, encourage negotiations and even promote law reform. At Westaway Law Group, we focus on assisting our clients to resolve their legal [...]
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 [...]
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 [...]
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 [...]
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 [...]
