19 03, 2020

Administrative Law

2020-03-20T09:36:15-04:00

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). [...]

Administrative Law2020-03-20T09:36:15-04:00
3 12, 2019

Specific Claims

2022-06-23T15:25:40-04:00

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 [...]

Specific Claims2022-06-23T15:25:40-04:00
21 10, 2019

Charter Rights

2020-06-30T11:39:55-04:00

“It is not our differences that divide us. It is our inability to recognize, accept, and celebrate those differences.” - Audre Lorde THE CHARTER OF RIGHTS AND FREEDOMS The Charter of Rights and Freedoms (the Charter) was enacted in 1982 and acts as a “bill of rights” for individuals. The Charter primarily protects certain [...]

Charter Rights2020-06-30T11:39:55-04:00
16 10, 2019

Litigation

2022-06-10T11:14:22-04:00

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 [...]

Litigation2022-06-10T11:14:22-04:00
26 09, 2019

Court Challenges Program

2021-04-12T18:04:55-04:00

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 [...]

Court Challenges Program2021-04-12T18:04:55-04:00
10 09, 2019

Aboriginal Rights

2020-07-06T09:03:19-04:00

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 [...]

Aboriginal Rights2020-07-06T09:03:19-04:00
10 09, 2019

Human Rights

2019-10-18T12:19:21-04:00

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 [...]

Human Rights2019-10-18T12:19:21-04:00
10 09, 2019

Equality Rights

2019-10-15T10:28:21-04:00

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 [...]

Equality Rights2019-10-15T10:28:21-04:00
28 03, 2018

Briefs at Brief: Recently Decided Indigenous Case Law

2018-09-11T11:40:58-04:00

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 [...]

Briefs at Brief: Recently Decided Indigenous Case Law2018-09-11T11:40:58-04:00
Go to Top