Articles 2023

The article discusses the Supreme Court of Canada's recent decision in Reference re An Act respecting First Nations, Inuit and Métis children, youth and families.

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.

An article on the Ontario Ombudsman's April 13, 2023 report "Missing in Inaction: Misty's Story".

The Supreme Court must repudiate the Doctrine of Discovery and reconsider its jurisprudence in light of Canada's implementation of UNDRIP.

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.

The article discusses the constitutional challenge to An Act respecting First Nations, Inuit and Métis children, youth and families, which was heard by the Supreme Court of Canada in December 2022.

In this short piece, I would like to explore how Métis communities in the United States (“US”) could claim Canadian constitutional rights by making references to the fresh legal perspective advanced in Desautel. In a potential future case where Métis in the US might claim s. 35 Canadian constitutional rights, I advance the position that s. 35 should be interpreted in a purposive way that includes Métis people who were forced to move elsewhere or on whom international boundaries were imposed.

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