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All materials on the OKT LLP website are for informational purposes only. Accessing this information does not create a lawyer-client relationship. The information does not constitute legal advice or an opinion on any issue.

The dangerous mythology of vanishing explorers and tragically decimated Indians

I have always loved polar exploration stories. And my husband’s family, who are related to the famed Antarctic explorer Ernest Shackleton, traditionally swap arctic adventure books at Christmas and I relish this annual influx of nail-biting tales of courage in extreme environments. So, like many Canadians, I watched spellbound this week, as news and underwater

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Court to Crown: Please stop making excuses for not fulfilling your treaty obligations

The Quebec Court of Appeal recently released a new decision called Makivik c Quebec (Procureure générale) on the duty of the Crown to comply with treaty obligations.  The decision is also available in French. The case was about the James Bay and Northern Quebec Agreement (JBNQA) of 1975, involving the Inuit, and certain Cree and Naskapi First Nations.  The

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Ontario Court of Appeal Takes a Few Digs at the Doctrine of Discovery and the Indian Act (while clarifying On-Reserve Debt Enforcement)

Ontario Court of Appeal Takes a Few Digs at the Doctrine of Discovery and the Indian Act (while clarifying On-Reserve Debt Enforcement) The Ontario Court of Appeal recently released an important judgement in Tyendinaga Mohawk Council v. Brant. The unanimous decision, penned by LaForme J.A., not only confirms the legal ability of band councils to

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Rae Listed in Top 25 Most Influential Lawyers List

OKT congratulates our colleague Bob Rae, who is included in Canadian Lawyer’s list of “The Top 25 Most Influential 2014”. Canadian Lawyer annually compiles a list of Canada’s most influential lawyers and jurists. Rae is included on the 2014 list, and as one of the Canada’s “Top 5 in Criminal Law / Human Rights Law”.

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Supreme Court releases decision in Keewatin

By Cathy Guirguis and Senwung Luk The Supreme Court of Canada released its decision today in Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48 [referred to as Keewatin, in the courts below]. In a unanimous decision, the SCC dismissed the appeal and confirmed the Ontario Court of Appeal’s decision that Ontario, not

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Divided We Fall: Tsilhqot'in and the Historic Treaties

By Nancy Kleer and Judith Rae What is at stake is nothing less than justice for the Aboriginal group and its descendants, and the reconciliation between the group and broader society. – Tsilhqot’in decision of the Supreme Court of Canada, 2014 The Supreme Court’s recent Tsilhqot’in decision recognized the aboriginal title of the Tsilhqot’in Nation

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Aboriginal rights, conservation and Canada’s future - the far reaching implications of the Tsilhqot'in case

The unanimous Supreme Court of Canada’s Tsilhqot’in decision in late June represents an important watershed in Canada’s long and often terrible relationship with the indigenous peoples who were here long before settlers arrived. For the first time, Aboriginal title has been proven in the courts and protected under s. 35 of the Constitution, which provides

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In a first for a Canadian court, SCC recognizes Aboriginal title for Tsilhqot’in Nation

By Andrea Bradley and Senwung Luk Today, the Supreme Court of Canada made a landmark decision on Aboriginal title, by recognizing the land rights of the Tsilhqot’in Nation. This is great news – and we at OKT are writing this blog post to give you a sense of how we are understanding this momentous decision.

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Aboriginal Title Declared!

The Supreme Court of Canada has unanimously declared that the Tsilhqot’in Nation holds Aboriginal title to its territory in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44.  This is the first time the Supreme Court has issued a declaration of Aboriginal title in Canadian history.  We will provide a more detailed analysis of this historic

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Now available online! Archbishop Desmond Tutu's keynote speech from As Long As the Rivers Flow conference

This weekend the Athabasca Chipewyan First Nation (ACFN) and OKT hosted As Long As the Rivers Flow: Coming Back to the Treaty Relationship in our Time, a conference intended to spark a meaningful conversation about how we balance economic development, Aboriginal rights and care for the earth. OKT and ACFN proudly welcomed human rights luminary

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