Articles 2020

First Nations with reserves administered under the Indian Act and band members who hold possessory interests within those reserves should be aware of the potential application and impact of adverse possession on reserve land.

This article explores some preconceived notions and hopefully draws on the need for cultural competence in the workplace. The concepts discussed are transferrable to multiple settings: the courtroom, meeting rooms, interviews and even emails. The need to be culturally sensitive should have a broad application and applies to all professional interactions. Specific examples focus on Indigenous practitioners, but there are transferrable concepts that apply to all groups of people.

Since the release of the TRC report in 2015, momentum has been building toward Indigenous justice and reconciliation. But stronger and deeper commitments and actions are necessary.

Exploring the decision in Gladue and its applicability to Section 7 of the Charter.

Naomi Sayers, an Anishinaabekwe Lawyer herself, interviews Janine Seymour, an Anishinaabekwe from Wauzhushk Onigum Nation, located approximately five kilometres from the City of Kenora. Naomi wants to learn more about Indigenous legal practitioners throughout Ontario and chose to interview Janine after interacting with her on Twitter. Janine talks about her experiences in law school to now practicing law in northern Ontario!

A significant problem facing many Indigenous Peoples is the lack of an effective enforcement mechanism for Indigenous laws, which can render them ineffectual. On October 15, 2020, the OBA’s Aboriginal Law Section hosted a program on “Critical Issues in the Enforcement of Indigenous Laws,” chaired by R. Martin Bayer and Naomi Sayers, that explored the various challenges that prevent the enforceability of Indigenous laws as well as opportunities to overcome these hurdles.

Five years ago, the Ontario Bar Association’s Aboriginal Law Section held a program titled: “Practical Perspectives on Hot Topics, Emerging Issues & Game-Changing Cases” and since then, the practice of Aboriginal law has changed dramatically. To bring fellow members, non-members and students up to speed, the OBA Aboriginal Law Section hosted an updated version of this program during the OBA’s 2020 Institute. This article summarizes the 2020 program highlights.

In 2014, the SCC opened its landmark judgment in Grassy Narrows with the statement that on entering into Treaty 3, the Ojibway “yielded ownership of their territory” to the Dominion of Canada in exchange for reserve lands, payments, and limited rights on non-reserve lands. There is no mention of the fact that the Court’s opening statement is contrary to the Ojibway understanding that the treaty was an agreement for both parties to share in and benefit from the lands.