On November 1, 2023 the Quebec Superior Court released its R v Montour decision (2023 QCSC 4154) in which it recasts the section 35(1) test for Aboriginal rights in Read More
The Challenges with Indigenous Class Actions and Contingency Fees in the Era of Indigenous Self-Determination
Introduction In recent years, there have been an increasing number of class action lawsuits alleging systemic discrimination against Indigenous peoples resulting in large financial settlements – and large payments Read More
Summary Report Cites Sara Mainville’s Presentation on Anishinaabe Law-Making at National Gathering on the Recovery of Missing Children and Unmarked Burial Sites
In March 2023, the Office of the Independent Special Interlocutor to Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools released the Summary Report on Read More
JFK Law named as one of Canada’s Best Law Firms by Globe and Mail
Once again we are honoured to announce that JFK Law LLP is on The Globe and Mail’s list of Canada’s Best Law Firms 2024, and specifically recognized in the areas Read More
What’s Next for Canada’s Impact Assessment Regime, and what it means for Indigenous Communities (Part 2 of 2)
It has been four weeks since the Supreme Court of Canada (“SCC”) released its decision that the federal Impact Assessment Act, S.C. 2019, c. 28, s. 1 (the “Act” or Read More
The Federal Impact Assessment Act – a Bridge Too Far Says the SCC (Part 1 of 2)
On October 13, 2023 the Supreme Court of Canada (“SCC” or “Court”) issued its decision Reference re Impact Assessment Act, 2023 SCC 23,(( Impact Assessment Act, S.C. 2019, c. 28, Read More
The Crown’s Duty to Determine, Recognize and Respect Aboriginal Title
Tim Dickson has published an article in September’s issue of The Advocate arguing that the Crown has a legal duty, arising from its assertion of sovereignty in 1846 over Read More
Ontario Court of Appeal Confirms: Trial Judges Required to Consider Evidence of Aboriginal Title in All Parts of the Claim Area
Overview On Wednesday August 30, 2023, the Ontario Court of Appeal became the first appellate court in Canada to rule on the issue of Aboriginal title to submerged lands. Read More