Articles 2019

In this article we describe the background to the Ecuador Chevron case and argue that the Ontario Superior Court decision, and subsequent developments in the Fall of 2017, signal that challenges remain to achieve greater accountability, transparency and Corporate Social Responsibility in the oil and gas, mining and other resource extraction sectors.

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.

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”.

Katherine Garretto provides and overview of the April 9, 2015 program discussing the much anticipated Supreme Court of Canada decision in R. v. Kokopenace.

David McRobert and Burgandy Dunn argue for participant funding in comments on Ontario's Great Lakes Protection Act, with examples of effective funding in Ontario and other jurisdictions since 1988. An abridged version of these comments will be submitted to Ministry of Environment and Climate Change as part of the Environmental Bill of Rights, 1993 comments process before April 26, 2015.

Megan Strachan provides a brief overview of the Aboriginal Section's program at Institute 2015.