Articles 2023

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.

At the OBA Aboriginal Law program at Institute 2013, Justice Harry LaForme presented provocative views on resetting the Canadian-Aboriginal relationship and argued that the Idle No More movement "has it right". 

On June 20th, 2012 in partnership with the OBA, the LSUC hosted a legal education program and reception, "Aboriginal Economic Development: The Legal Toolbox - Theory and Practice," featuring a wide range of speakers with legal expertise in Aboriginal economic development and corporate practice.

On March 21, 2013, the Harper government tabled its second majority government budget. The budget fails to present an overall coherent strategy on Aboriginal issues, rather containing over a dozen measures designed to improve the health, welfare and economic prosperity of Aboriginal Canadians. 

The duty to consult and, where appropriate, accommodate is triggered where Aboriginal interests are potentially adversely impacted by Crown conduct. Frog Lake First Nation and Mikisew Cree First Nation recently filed applications that raise an important question about the duty to consult