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 [...]
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 [...]
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 [...]
R v Reynolds, 2017 NBCA 36 Subject : Fish and wildlife offences- illegal sale of moose Facts: The Aboriginal defendant killed a moose and traded its meat to K for a car. K, a non-Aboriginal person, was charged with unlawfully possessing and trading moose meat under Fish and Wildlife Act. The Defendant was charged as an [...]
The Site C Dam and the Duty to Consult & Accommodate First Nations PDF Download Word Download In this case, the Court confirms that it is first and foremost concerned with whether there has been adequate consultation and accommodation in relation to First Nation Treaty rights in the context of the Site [...]
The Duty to Consult & the Legislative Process PDF Download Word Download The Crown’s duty to consult and accommodate First Nations will once again receive scrutiny from Canada’s highest court, this time with respect to legislative action. At issue is whether the Crown has a duty to consult First Nations before it [...]
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 [...]
Summary The Government of Canada recognizes that: All relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government. Reconciliation is a fundamental purpose of section 35 of the Constitution Act, 1982. The honour of the Crown guides the conduct of the [...]
By: Zachary Miloff PDF Download Word Download On February 26, 2015, the British Columbia Court of Appeal (“the Court”) overturned a trial judge’s order that the Province of British Columbia (“the Province”) pay logging contractor Moulton Contracting Ltd. (“Moulton”) a sum of $1.75 million in damages for the Province’s failure to disclose Fort Nelson First [...]
Written By: Zachary Miloff PDF Download Word Download In Sapotaweyak Cree Nation et al. v. Manitoba, the Manitoba Court of Queen’s Bench (the “Court”) dismissed an application by the Sapotaweyak Cree Nation (“SCN”) for an interlocutory injunction requiring Manitoba and Manitoba Hydro (“Hydro”) to stop or refrain from cutting certain forested areas for [...]
