Articles 2023

In the Tsilhqot’in Nation v. British Columbia decision issued on June 26, 2014 (“Tsilhqot’in”), the Supreme Court of Canada granted a declaration of Aboriginal title to the appellant First Nation, and further declared that the province of British Columbia breached its duty to consult when it issued timber licenses to third parties, without engaging in meaningful consultation with the affected Aboriginal group.

The Ontario Bar Association’s Aboriginal Section welcomed a new executive on June 24, 2014, marking the end of Julie Jai’s two years as the Section’s chair.

On Wednesday, October 23rd, the Aboriginal Law Section hosted “Ring of Fire – Hot or Cold?”, a panel discussion on proposed mining development in Treaty 9 territory. The distinguished expert panelists were Deputy Grand Chief Les Louttit of the Nishnawbe-Aski Nation (“NAN”), the Honourable Bob Rae, lead negotiator for the Matawa First Nations, Dr. Christine Kaszycki for the Government of Ontario’s Ring of Fire Secretariat, and Joseph Gaboury of Cliffs Natural Resources Inc.

On April 17, the Federal Court of Appeal (“FCA”) released its much anticipated decision in Daniels v. Canada. The FCA held that

“the Métis are included as ‘Indians’ within the meaning of section 91(24) of the Constitution Act, 1867."

At the OBA Aboriginal Law program at the OBA Conference Centre on November 5, 2013, professionals and experts examined and discussed some of the ethical challenges legal counsel need to consider, given the increasing joint participation of Aboriginal and non-Aboriginal peoples in resource development across the country. Currently, resource management and the related issues are most particularized through Aboriginal and treaty rights claims by First Nations people.

On the evening of June 10, 2013, the OBA hosted a well-attended presentation by the Honourable David Zimmer, Ontario Minister of Aboriginal Affairs.

The speakers canvassed historical treaty-making, modern treaties, and the goals, objectives, and reasons why both Aboriginal peoples and Canadian governments should enter into treaties.

My message is simple: litigation and use of the courts does not and cannot breathe life into historical treaties. To the contrary, it is my view that litigation is generally counterproductive and, although it may advance and has advanced certain important principles and Aboriginal rights, it is generally damaging because it does not promote reconciliation.

On February 7, 2014, after he presented at the OBA Institute, Chief Ovide Mercredi spoke with Julie Jai and Richard Ogden.

The presenters in the Ontario Bar Association’s “Confluence of Aboriginal and Environmental Law in Energy and Natural Resource Projects” program commented on the fundamentals of the constitutional framework for Aboriginal law, the regulatory and environmental framework, and recent developments on the duty to consult and regulatory requirements.