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Walking the Talk – Alberta’s New Government Moves to Implement UN Declaration on the Rights of Indigenous Peoples

The Alberta government is taking a important step to act on campaign commitments to implement the UN Declaration on the Rights of Indigenous Peoples. Premier Rachel Notley, wrote on July 7th to her Cabinet, committing her government to implementing the United Nations Declaration on the Rights of Indigenous People, an international instrument adopted by the

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BC Case Sets Out Principles for Good First Nations’ Governance

A recent B.C. Court of Appeal case sheds insight into good First Nation governance and the fiduciary obligations of Chiefs and Councillors. The decision is of practical importance to Band Councils and suggests that Band Councils cannot place themselves in a position where their personal interests conflict with those of the Band without express authority

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Truth and reconciliation - where to now?

This is a talk given by Bob Rae at a joint service of Bloor Street, Bathurst and Trinity St Paul’s United Churches in Toronto on May 31, 2015 This week Canadians will be reminded once again about what the Chief Justice of Canada has called “the greatest stain on our human rights record”, the “cultural

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SCC case will affect expert witnesses in Aboriginal rights cases (WBLI v Abbott and Haliburton)

A few weeks ago, the Supreme Court of Canada released their decision in WBLI v Abbott and Haliburton, a long awaited case on the issue of impartiality of expert witnesses. The full decision can be found here.  OKT has been paying close attention to this case since going to court for Aboriginal communities so often

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SAIK’UZ AND STELLAT’EN CASE OPENS UP NEW LEGAL OPTIONS FOR FIRST NATIONS TO SUE INDUSTRY

A First Nations’ lawsuit against a private company for harming Aboriginal rights can go to trial, says BC Court of Appeal in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc The decision supports the right of First Nations to pursue “tort” claims, such as nuisance, against private parties (rather than suing

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Post-secondary Aboriginal institutes achieve milestone

The new Ontario budget marks the beginning of an exciting new path for First Nations’ education in Ontario, with the inclusion of  $5 million in new funding for Aboriginal Institutes in Ontario. OKT lawyers Bob Rae and Andrea Bradley have been working with the Aboriginal Institutes Consortium to develop a position paper and engage with

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What Canada can learn from the World (Bank)

Canada, and its past 40 years of legal cases wrestling with Aboriginal land rights, has something to contribute to the global conversation on sustainable land use and reducing poverty. I don’t mean that Canada has something to brag about – on the contrary.  But within the country’s borders there are strong examples about the right

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OKT congratulates moot participants

OKT was proud to be part of two recent moot competitions.  These competitions place law students in mock courtrooms or around negotiation tables to develop their oral advocacy skills and are an important part of all lawyers’ education. OKT continued its annual sponsorship of the national Kawaskimhon Aboriginal Law Moot, which this year was held

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Bill C-51 could be a blank cheque to the government to stifle Indigenous dissent

by Michael McClurg and Senwung Luk Never ones to let a crisis go to waste, the federal government has tabled a bill in Parliament to give itself new powers that it says is intended to deal with threats of terrorist violence. The government’s defenders have tried to assuage critics by arguing that Canadians can trust

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ACFN Lawsuit Challenges Alberta Consultation Regime

How is Alberta’s new Aboriginal consultation regime faring? Not well, according to a court case filed in Alberta this week by the Athabasca Chipewyan First Nation (ACFN). The lawsuit asserts that Alberta’s new Aboriginal consultation process is unaccountable, procedurally unfair and denies First Nations their constitutional rights. The case specifically alleges that the newly established

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