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, [...]
The modern treaties attempt to further the objective of reconciliation not only by addressing grievances over the land claims but by creating the legal basis to foster a positive long-term relationship between Aboriginal and non-Aboriginal communities. Beckman v Little Salmon Carmacks First Nation, 2013 Section 35 of the Constitution Act, 1982 provides for the [...]
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 [...]
Westaway Law Group provides diverse legal services in the critical area of environmental law. Our lawyers are experienced advocates who understand Indigenous perspectives on stewardship of land, waters, culture, language, and traditional knowledge. We have produced numerous written environmental law submissions and critiques and have made oral submissions on behalf of our clients before [...]
We assist clients with federal and provincial/territorial regulatory matters. These matters can include: Permits under the Indian Act for businesses to provide services on reserve land, including: cell, internet service, hydro, windfarm, and solar energy agreements; Licencing issues such as commercial fishing licencing regimes provided through government programs and MOU’s; Advice on industries that [...]
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 [...]
“Starting now, we all have an opportunity to show leadership, courage and conviction in helping heal the wounds of the past as we make a path towards a more just, more fair and more loving country.” - Hon. Senator Murray Sinclair Content warning: harassment (including sexual harassment), trauma, violence, and missing and murdered Indigenous [...]
Westaway Law Group’s dedicated legal team understands how Canadian laws and policies are developed. We understand how to influence and lead. Policy review involves analyzing, critiquing, and making recommendations to improve federal or provincial/ territorial legislation, regulations, and policies. OUR SERVICES Westaway Law Group services can include: Assessment of the impact of legislation, regulations, [...]
The Indian Act is recognized as an outdated piece of legislation that many believe should be repealed. In fact, the Trudeau government recently indicated its desire to “move beyond the Indian Act”. In the meantime, however, First Nations and Indigenous individuals must understand this legislation, which plays a role in governing some important aspects [...]
“We do not need magic to change the world, we carry all the power we need inside ourselves already: we have the power to imagine better.” - J K Rowling Law reform (or “legal reform”) refers to the process of examining existing laws, and advocating and implementing changes in a legal system, usually with [...]
