Important changes to the provision of Child and Family Services to Indigenous Families: Ontario adopts regulations under the Child, Youth and Family Services Act, 2017 and Bill C-92 receives Royal Assent In April of 2018, a new piece of legislation dealing with child and family services came into effect in Ontario. The Child, Youth [...]
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 [...]
Williams Lake Indian Band v Canada considers [1] an appeal from the Federal Court of Appeal that set aside a decision from the Specific Claims Tribunal. The Supreme Court of Canada (“SCC”) found that Canada was liable for breach of it legal and fiduciary duty under s.14(1)(b), 14(1)(c), and 14(2) pursuant to the Specific Claims Tribunal [...]
Attorney General of Canada drops appeal of Specific Claims Tribunal decision On September 5 2017, Canada withdrew its application for a judicial review of the Specific Claims Tribunal decision in Attorney General of Canada v Huu-ay-aht First Nation. While disagreeing with the Tribunal’s formula for awarding compensation, the government acknowledged that Huu-ay-aht Nation has waited [...]
Our Director, Cynthia Westaway, has been designated a Certified Specialist, Indigenous Legal Issues by the Law Society of Upper Canada (LSUC). Cynthia has be Certified in all three areas of Indigenous Legal issues as identified by LSUC: Corporate and Commercial Litigation and Advocacy Rights and Governance Westaway Law Group is very fortunate to bring over [...]
No Injunction to Protect Treaty Rights in B.C. PDF Download Word Download In this case, the Supreme Court of British Columbia dismissed the application of Blueberry River First Nation for an interlocutory injunction. The First Nation asked that the Province stop all further permitting of industrial development in segments of its traditional [...]
Beardy’s & Okemasis Band #96 and 97 v. Her Majesty the Queen in Right of Canada (Minister of Indian Affairs and Northern Development) Huu-Ay-Aht First Nations v. Her Majesty the Queen in Right of Canada (Minister of Indian Affairs and Northern Development), 2016 SCTC 14 PDF Download Word Download The [...]
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 [...]
