Articles 2019

On September 28th, 2017 the OBA Aboriginal Law Section held a panel entitled “Duty to Consult: Implications of the Clyde River and Chippewas of the Thames Decisions.” Counsel to the Crown, Clyde River, and the NEB, discussed the outcome and implications of the Supreme Court of Canada's most recent decisions on the duty to consult and accommodate.

For decades, those of us who have come from away to live in Ontario have puzzled over a strange conundrum. Why isn't the Law Society serving the residents of Ontario called the Law Society of Ontario? Why does Ontario's Law Society cling to an arcane tradition of insisting its name must remain as the Law Society of Upper Canada (LSUC)? It's 2017.

On May 10, 2017, the OBA’s Aboriginal Law section hosted the program “Nation-to-Nation” Relationships: Inherent Rights and the Implementation of Indigenous Laws. Presenters from practice and academia discussed the historical and contemporary context, the basis of nation-to-nation relationships, and challenges in implementing Indigenous laws.

Over the past decade, hundreds of energy projects have been undertaken in Ontario under the province’s multi-billion dollar renewable energy and transmission modernization initiatives. This article focuses on the approach taken by Ontario to meet the Crown’s constitutional duty to consult and accommodate Indigenous communities on these projects.

This article provides an overview of a discussion featuring Dr. Cindy Blackstock and Sarah Clarke about the ground-breaking First Nations Child and Family Caring Society case at an event co-hosted by the OBA's Aboriginal Law and Child and Youth Law Sections. The speakers discussed the practical, political, and procedural lessons learned over nine years of litigation.

On June 8, 2016, Ontario released its Climate Change Action Plan. The five-year plan outlines the province’s strategy and commitments to address climate change.

The Akwesasne Mohawk Inherent Right Court, as presented by Justice Shannon Hall at the 2016 OBA Institute.

Supreme Court of Canada rules Ecuadorian villagers can go ahead with Enforcement case against Chevron.

A Comment on Wabauskang First Nation v. Ontario (Minister of Northern Development and Mines).

Federal legislation affecting Aboriginal communities has been changing at a rapid pace. It leaves many lawyers wondering about the implications of these important legislative changes on their practice, and Aboriginal communities working out how the changes will affect their governments, businesses and ultimately, their families. On September 30, 2015, the OBA’s Aboriginal Law Section explored these changes in its program on “Recent federal legislation affecting aboriginal communities”.