On November 27, 2024, the Supreme Court of Canada (“SCC” or “Court”) released a decision regarding on-reserve policing (“the Decision”) that is likely to have important consequences for Indigenous Read More
Should Contingency Fee Agreements be contingent on independent legal advice? The Ontario Superior Court in Nootchtai v Nahwegahbow Corbiere Genoodmagejig weighs in
Decision Overview On October 31, 2024, the Ontario Superior Court released an important decision ordering the review by the Court of the $510 million contingency fee charged by the Read More
Court Orders Advance Costs in Decade-Long Litigation over Treaty 6 Rights
Overview On August 30, 2024, the Court of King’s Bench of Alberta (the “Court”) released its decision awarding advance costs in the amount of $1.5 million a year to Read More
JFK’s Clayton Leonard advocates for First Nations’ right to safe drinking water before Parliamentary Committee on Bill C-61
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