Articles

Developments in the field of "Aboriginal law" affect the self-determination of Aboriginal communities. Consequently, many Indigenous grassroots movements view the institutions that make and enforce "Aboriginal law" as a continuation of colonization. 

David McRobert provides a detailed summary of the June 20th, 2012 legal education program held by the Ontario Bar Association (Aboriginal Law Section) and the Law Society of Upper Canada.

his article discusses the B.C. Court of Appeal decision which held that municipalities do not automatically have a duty to consult Aboriginal communities.

David Hunter, Nalin Sahni, and George McKibbon explore the provisions of the following statutes in creating Ontario’s “new Aboriginal consultation regime”: the new Canadian Environmental Assessment Act, 2012; amendments / enactments under Ontario’s mining legislation; and the Far North Act, 2010.

This article reviews the injunction and leave to appeal decisions in the Wahgoshig First Nation v. Solid Gold Resources Corp. litigation.

Peter Landmann stipulates that although Crown delegation of the procedural aspects of consultation is both necessary and permissible, the courts should provide more guidance delineating the roles of Aboriginal communities, proponents and the Crown within the consultation process.

This article examines the successful judicial review of the decision of the Minister of Aboriginal Affairs and Northern Development Canada in appointing a third-party manager over Attawapiskat First Nation’s financial affairs following publicity over Attawapiskat’s housing crisis.

Professor Stuesser, the Founding Dean of the Faculty of Law at Lakehead University, provides an assessment of the distinctiveness of Ontario’s newest law school in relation to the Aboriginal community and Aboriginal law.

This edition begins with an article by Lee Stuesser, the founding dean of the new Lakehead University Faculty of Law. Professor Stuesser addresses a variety of concerns that the opening of Ontario’s future (sole) Northern law school has raised.

A summary of the presentations given by speakers at the 2012 OBA Institute session on Emerging Trends in Aboriginal Law.