Wahgoshig First Nation v. Ontario1 : Duty to Consult Has Teeth July 05, 2012 Russell M. Raikes A case comment on Wahgoshig First Nation v. Ontario and the potential of using injunctions in enforcing adequate consultations.
Bill S-6 and theFirst Nations Elections Act: The Modernization/Paternalization of Voting under theIndian Act July 05, 2012 J. Douglas Shanks, Jordan R.D. Lester Are reforms to the First Nations Elections Act predicated on paternalistic notions of Indigenous self-government?
Challenges for Indigenous Communities: Problems Faced in Litigating Torts in Canada against Transnational Corporations July 05, 2012 Bernadette Maheandiran Ms. Maheandiran explores the impact of Canadian courts’ unwillingness to hold Canadian companies responsible for conduct outside of Canada and the impact of jurisdictional confines where indigenous communities are potentially impacted.
Preliminary Assessments: Myth and Reality July 05, 2012 Peter Landmann The issue in determining the requirement and depth of consultation is whether or not the Crown acted honourably in its relationship with the Aboriginal community, not whether or not a preliminary assessment was adequately undertaken
Consultation and Cumulative Effects: Is there a role for the duty to consult in addressing concerns about over-development? July 05, 2012 Andrea Bradley, Michael McClurg How effective is the duty to consult in protecting Aboriginal and treaty rights when consultation proceeds on a project-by-project basis and fails to adequately consider the cumulative effects of historic development?
Message from the Editors 2011/2012 July 05, 2012 Nastaran Roushan I hope that you enjoy reading the second edition of the OBA Aboriginal Law Section Newsletter for the 2011/2012 year.
Joint OBA Program on “Developments in Aboriginal-Industry Negotiations & Financing” December 15, 2011 Nastaran Roushan The importance of obtaining consent by communities affected by resource projects continues to garner study and attention by industry and Indigenous rights groups.
Grassy Narrows: A sea change in provincial control of natural resources? December 15, 2011 Kenning Marchant Keewatin v. Ontario, 2011 ONSC 4801 (CanLII) has created jurisdictional uncertainty with respect to forestry licenses that could have ramifications for a number of natural resource and mining agreements.
The Debate Over Indian Act Reform December 15, 2011 John Rowinski Indian Act reform is not a new concept, neither are debates over how such reforms would be best implemented. Reform is necessary and should be implemented by empowering Aboriginal peoples with autonomy through a bottom-up approach.
Incarcerating Aboriginal Youth: Some Issues December 15, 2011 John Edmond Aboriginal persons and specifically, Aboriginal youth, are overrepresented in Canadian prisons and penitentiaries. John Edmond explores the impacts of legislation and judicial practice on Aboriginal offenders and the wider community.