On June 19th, JFK’s Clayton Leonard appeared before the Standing Committee on Indigenous and Northern Affairs to press for recognition of First Nations’ right to safe drinking water Read More
Grand Council Treaty #3 appears at Ontario Court of Appeal in Mathur et al v His Majesty in Right of Ontario
On January 15, 2024, the Grand Council Treaty #3 appeared before the Ontario Court of Appeal in the Mathur appeal. The case challenges Ontario’s weak target to curb greenhouse Read More
Restoule v. Canada (Attorney General), 2018 ONSC 7701
The Restoule decision written by Justice Hennessy of the Ontario Superior Court of Justice provides an overview of the law of treaty interpretation while incrementally moving the law forward. Read More
Supreme Court says the Duty to Consult does not apply to development of laws; but still applies to the application of legislation which may adversely impact s.35 rights
In the SCC’s most recent Aboriginal law case, Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40, the question at issue was whether the Crown had Read More
Alberta Court of Queen’s Bench confirms that the Crown owes a duty of procedural fairness in determining whether the duty to consult is triggered
A recent Alberta decision has rejected the province’s argument that it does not owe a duty of procedural fairness to First Nations in determining whether the Crown’s duty to Read More
WestJet Loses Application to Strike Sexual Harassment Claim
WestJet has lost its attempt to have a class action sexual harassment claim tossed from the BC Supreme Court. The Claim, brought by Mandalena Lewis on behalf of all Read More
Supreme Court Rules on Ability of Regulatory Processes to Fulfill Duty to Consult
The Supreme Court of Canada just released two important decisions respecting the Crown’s duty to consult with Indigenous peoples prior to an independent regulatory agency’s approval of a project Read More
Important Federal Court and Federal Court of Appeal Process Ruling in Kinder Morgan Litigation
The Federal Court of Appeal has made an important ruling concerning the processes for obtaining and presenting evidence in consultation cases in the Federal Court and Federal Court of Read More