(by Lorraine Land) OKT is proud to announce the publication of Justified Infringement – A Minimal Impairment Approach, by OKT associate Senwung Luk, in the forthcoming edition of the Journal of Environmental Law and Practice. Senwung’s article provides a legal analysis of the legal doctrine of “infringement” of Aboriginal rights (and, specifically, Aboriginal title) and
More...
We are currently accepting applications for the 2014-15 articling year. If you have a demonstrated interest in the areas of law we practice, we encourage you to submit your application. We are a law firm dedicated to advancing justice for Aboriginal peoples. Our firm of 21 lawyers serves Aboriginal governments, organizations and individuals in a
More...
We welcome the Federal Court’s decision on the important issue of the application of Jordan’s Principle. Jordan’s Principle is the policy statement adopted by the Federal government that First Nations children should be entitled to health care services equivalent to provincial levels, without delay. The effect of that principle was recently considered by the Federal
More...
I was proud to secure this victory for our clients, members of the Matawa First Nations, against motions brought by the Government of Canada and Cliffs Natural Resources Inc. The Federal Court found that the motions caused “unnecessary delay” to the proceedings, and dismissed them on all counts. The court ordered an expedited hearing as
More...
SCC expands claims based on honour of the Crown, and sheds light on the application of limitation periods and laches to Aboriginal law cases The Supreme Court of Canada released its decision in Manitoba Métis Federation Inc. v. Canada (Attorney General), 2013 SCC 14 on March 8 (“MMF“). This most recent decision of the Supreme Court of
More...
The issue of overlapping claims and shared territories is often a significant complicating factor for First Nations and resource developers attempting to reach Impact Benefit Agreements (IBAs). As many First Nations are aware, often having all the affected First Nations at one negotiating table does not always simplify the process. There is limited direction from
More...
The Supreme Court of Canada decided yesterday to hear the appeal from the decision of the British Columbia Court of Appeal in the case of William v British Columbia Why is this an important case for Aboriginal title in Canada? The substance of this appeal is likely to focus on a big question with a
More...
Blog post by Andrea Bradley, Senwung Luk, Michael McClurg and Judith Rae. As lawyers, we at OKT are involved in many aspects of treaties, from negotiating modern treaties to ensuring the rights in existing treaties are upheld. Treaties are so much a part of our day-to-day work that we have no question as to their
More...
The Idle No More movement and Chief Theresa Spence have recently brought a lot of attention to the Treaties. Some people may be wondering: are the Treaties still relevant? And even if they are, has Canada really not lived up to its obligations? The answers may surprise you. The treaties play a significant role in
More...
On Tuesday January 8, 2013, the Federal Court released an interesting new Aboriginal law decision called Daniels v Canada, 2013 FC 6 [“Daniels”]. This case is about federal powers (also known as “jurisdiction”) in relation to Métis and non-status Indian people. The main plaintiff and organization behind the case is the Congress of Aboriginal Peoples.
More...
