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Restoule v. Canada (Attorney General), 2018 ONSC 7701

By Jason Harman, February 15th, 2019

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

By jfklaw, October 17th, 2018

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

By Jeff Langlois, May 1st, 2018

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

By Mae Price, Tim Dickson, December 15th, 2017

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

By Jeff Langlois, Mark Gustafson, July 28th, 2017

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

By Robert Janes, KC, July 4th, 2017

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

Lynn Gehl Wins Fight for Indian Status at Ontario Court of Appeal

By Claire Truesdale, May 12th, 2017

The Ontario Court of Appeal has released its decision in Gehl v Canada, 2017 ONCA 319, finding that the Indian Registrar’s Proof of Paternity Policy was applied unreasonably. This Read More

Karey Brooks is featured in this month’s Take Five Newsletter

By jfklaw, December 1st, 2016

Karey Brooks discusses the recent BCCA decision TWU v The Law Society of British Columbia in an article co-written with Tim Dickson. Click here to read the full article. Read More

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