Articles

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”.

2015 administrative law case summaries from the Ontario Court of Appeal: R. v Michaud, Taylor-Baptiste v OPSEU, Prince Edward County Field Naturalists v Ostrander Point GP Inc., Chaudhary v Canada (Minister of Public Safety & Emergency Preparedness)

The rocky history between Aboriginal peoples and the criminal justice system has long been a thorn in the side of equitable administration of justice in Canada. In Kokopenace, the SCC considered the lack of participation in the jury roll composition process and a subsequent lack of Aboriginal representation on jury rolls.

Curative discharge - Impaired driving - Equality rights of Aboriginal offenders - Charter of Rights and Freedoms - Section 15 - Failure to proclaim in force s. 255(5) of Criminal Code - Respectful dialogue with executive branch.

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.

This article provides an overview of new legislation and how it has proven controversial with many First Nations. The article discusses how some object, not to the principle of transparency, but to the inherent paternalism in the form of transparency being imposed on First Nations by Ottawa. For many observers, this step is reminiscent of an outmoded approach toward First Nation-Crown relations.

Angelina Schliephake provides a summary of the OBA Aboriginal Section's program held on September 16, 2014 about two recent Supreme Court of Canada decisions.

Carla Agatiello provides an summary of the OBA Aboriginal Section's Program on the Duty to Consult in the Administrative Law Context, held on October 8, 2014.