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Fisheries Act amendments will shrink already sparse fish habitat protections

The federal government of Canada has proposed sweeping amendments to the Fisheries Act in its omnibus Budget Bill (Bill C-38). Here is what the Fisheries Act amendments may mean for First Nations: Fish habitat will now only be protected under s. 35(1) of the Fisheries Act if the habitat is for a fish that is

Hasty Process for Aggregates Resources Act Review

Aggregates are sand, clay, gravel and rock.  They are extracted from the ground in ways similar to mining, but they are not covered by mining legislation.  According to the Ontario government, about 80% of aggregates are sourced in Southern Ontario.  They have environmental effects, including effects on waters and on Aboriginal and Treaty rights. The

New Environmental Assessment Act is leaner and meaner — not greener

In the omnibus budget bill (Bill C-38), the government of Canada will repeal the Canadian Environmental Assessment Act and replace it with new legislation, the Canadian Environmental Assessment Act, 2012.  The new Act takes a much narrower approach to environmental assessment (“EA”). Many First Nation leaders have spoken out against the new Act. There are too

Caring Society and First Nations win decision in Federal Court on child welfare funding

The First Nations Child and Family Caring Society and the Assembly of First Nations won an important decision today in Federal Court. The Caring Society, AFN and the Human Rights Commission had asked the Federal Court to overturn a decision of the Canadian Human Rights Tribunal made about a year ago (for a quick summary

“Our Way” – OKT and Northern Ontario Students Participate in Conference on Indigenous Law

How will Canadian law and indigenous law co-exist in the future? One of the most exciting developing areas in Aboriginal law today is the emergence of more scholarship on indigenous legal traditions, along with more First Nations integrating indigenous and traditional laws into every day community governance and decision-making. On March 23rd and 24th, the

Supreme Court reaffirms principles of Aboriginal sentencing; Renee Pelletier quoted

The Supreme Court of Canada released joint reasons today in the criminal sentencing appeals of two Aboriginal persons, Manasie Ipeelee and Frank Ralph Ladue (cited together as R. v. Ipeelee, 2012 SCC 13). This case is a positive decision for criminal law involving Aboriginal offenders. And we have to admit, we’re excited that the Court relied on an

OKT is looking for two new associates

The first position is for a mid-level associate (4 – 5 years’ experience) for corporate/commercial work. Candidates should be detail oriented, possess strong analytical skills, and be able to quickly parse complex commercial agreements. Background in energy and resources development, project finance, secured lending, and public-private partnership projects would be an asset. The second position

West Moberly – Supreme Court of Canada denied leave to appeal

The West Moberly decision, an important BC Court of appeal decision affirming Aboriginal consultation requirements, will stand, now that the Supreme Court of Canada has denied British Columbia leave to appeal. This is good news for First Nations concerned about addressing cumulative effects in the Aboriginal consultation process, and provides clarification for the Crown about

LUO Conference, panel on Indigenous peoples and extractive industries

This weekend I’ll be speaking about Indigenous Peoples and Extractive Industries at the Law Union Conference. All are welcome, tickets are affordable and child care will be provided.

[Link to the poster]

The Toronto Star Reports on the Wahgoshig First Nation Injunction Victory

In December, lawyers from OKT represented Wahgoshig First Nation on a motion for an interim injunction. On January 3, 2012, Madam Justice Carole J. Brown released her decision granting interim injunctive relief to Wahgoshig First Nation against a junior mining exploration company, Solid Gold Resources Corp. The media has recently picked up on this story.