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A Quiet Transformation in Project Approvals

Maryama Farah, LLB, LLM, MSc | October 23, 2025

A significant legislative shift is underway in both Ottawa and Queen’s Park, one that should command the attention of lawyers in environmental, Indigenous, and administrative law. Federal Bill C-5 and Ontario’s Bill 5 are united by a common objective to accelerate major projects in the name of national and provincial prosperity. However, the legal mechanisms they employ to achieve this speed are prompting serious questions about constitutional duties, procedural fairness, and the future of regulatory certainty.

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Beyond Section 87: A Practitioner's Guide to First Nations Tax Authority in Ontario

Maryama Farah, LLB, LLM, MSc | October 10, 2025

For Aboriginal law practitioners in Ontario, navigating the fiscal landscape for First Nations clients often begins and ends with section 87 of the Indian Act, R.S.C., 1985, c. I-5. While crucial, its exemptions are limited and focused more on reserve. The real story of modern First Nations governance, however, is being written through the exercise of inherent tax authority. This shift from tax exemption to tax jurisdiction is a powerful tool for self-determination, and lawyers must be equipped to guide their clients through the evolving frameworks available.

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Estate Planning for First Nations Peoples on Reserve – Statutory Considerations

Nicole Woodward, partner, Miller Thomson LLP | May 09, 2025

Ontario lawyers engaging in estate planning for First Nations Peoples living on reserve must be cognizant of the legislation applicable to property and persons on reserve, and draft accordingly. In the table below, I have summarized the main differences between the legislation applicable to First Nations persons living on reserve, and the legislation applicable to First Nations persons living off reserve.

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The Supreme Court of Canada Declares An Act Respecting First Nations, Inuit and Métis Children, Youth and families Constitutional

Ethan Radomski | February 29, 2024

The article discusses the Supreme Court of Canada's recent decision in Reference re An Act respecting First Nations, Inuit and Métis children, youth and families.

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Adverse Possession and Reserve Land

William Taggart, Beth Armstrong, Kate Piggott-Babony, Fogler Rubinoff | January 03, 2024

First Nations with reserves administered under the Indian Act and band members who hold possessory interests within those reserves should be aware of the potential application and impact of adverse possession on reserve land.

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Understanding Cultural Sensitives through a Trauma-Informed Lens

Shaunna Kelly | June 01, 2023

This article explores some preconceived notions and hopefully draws on the need for cultural competence in the workplace. The concepts discussed are transferrable to multiple settings: the courtroom, meeting rooms, interviews and even emails. The need to be culturally sensitive should have a broad application and applies to all professional interactions. Specific examples focus on Indigenous practitioners, but there are transferrable concepts that apply to all groups of people.

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Missing in Inaction: Misty’s Story

Laura Pettigrew | May 02, 2023

An article on the Ontario Ombudsman's April 13, 2023  report "Missing in Inaction: Misty's Story".

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Sustaining Progress in Indigenous Legal Education

Scott Franks | March 04, 2023

Since the release of the TRC report in 2015, momentum has been building toward Indigenous justice and reconciliation. But stronger and deeper commitments and actions are necessary.

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Reconciling the Contradictions in Aboriginal and Indigenous Law

Scott Franks | March 04, 2023

The Supreme Court must repudiate the Doctrine of Discovery and reconsider its jurisprudence in light of Canada's implementation of UNDRIP.

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Straddling the Border in R v Desautel: Is there Room in Canada’s Constitution for the Métis Communities Living in the United States?

Caroline Bélanger-Hilaire | May 30, 2022

In this short piece, I would like to explore how Métis communities in the United States (“US”) could claim Canadian constitutional rights by making references to the fresh legal perspective advanced in Desautel. In a potential future case where Métis in the US might claim s. 35 Canadian constitutional rights, I advance the position that s. 35 should be interpreted in a purposive way that includes Métis people who were forced to move elsewhere or on whom international boundaries were imposed.

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Using Gladue Jurisprudence: An Exploration

Naomi Sayers | March 31, 2022

Exploring the decision in Gladue and its applicability to Section 7 of the Charter.

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Anishinaabemda Paaneh (“Let’s Always Use Our Language”)

Patricia Hania, Ph.D., and R. Martin Bayer | June 28, 2021

Patricia Hania interviews R. Martin Bayer on Anishinaabemda Paaneh (“Let’s Always Use Our Language”). All translation provided by language speaker, R. Martin Bayer.

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Interview with Caitlin Tolley, Algonquin Anishinaabe Lawyer

Wendy Parkes, LL.B. | May 12, 2021

Wendy Parkes, LL.B., a member of the OBA Aboriginal Law Section Executive and assistant professor at the Bora Laskin Faculty of Law, Lakehead University, interviews Caitlin Tolley, Algonquin Anishinaabe lawyer who works in MAG's Indigenous Justice Division.

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