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, including treaty rights and inherent Aboriginal rights, for Indian, Inuit and Métis peoples.
Under Common law, the Constitution is the supreme law of Canada. The complexities of Indigenous law require a firm grasp of constitutional law, the division of powers under Common law, and statutory interpretation.
The lawyers at Westaway Law Group are experienced in highly complex and specialized constitutional law litigation, recent cases include:
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). A major component of Administrative law is judicial review, or the appeal of an administrative or executive decision of the Crown. In the Aboriginal context, the duty to consult is often challenged through administrative processes.
Westaway Law Group represents Indigenous individuals, communities, organizations, Band Councils and businesses before administrative Tribunals and Agencies to ensure procedural fairness, the duty to consult and s. 35 rights are protected. We have significant experience before the provincial courts and the Federal Court. We can support your challenge of administrative decisions through appeals and judicial reviews.
Westaway Law Group can assist you or your community with any administrative law matter, such as:
Representation at federal and provincial Tribunals and Agencies;
Judicial Reviews; and
Appeals at federal and provincial Tribunals and Agencies.