Case Brief: Newfoundland and Labrador (Attorney General) v. Uashaunnuat et al., SCC 37912 John Gailus and Scott Constantine Summary The Supreme Court of Canada has decided that members of a group of Innu First Nations with Aboriginal rights and title claims straddling...
British Columbia one step closer to implementing UNDRIP
Earlier today, British Columbia’s Legislative Assembly voted unanimously to pass Bill 41. Bill 41 ratifies and seeks to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The Bill is expected to receive royal assent on Thursday....
Sixties Scoop Settlement
Sixties Scoop Settlement Deadline August 30, 2019 What is the Sixties Scoop? The Sixties Scoop is the name for a series of policies enacted by provincial child welfare authorities starting in the mid-1950s and continued into the 1980s, that saw thousands of Indigenous...
DGW and Aboriginal Law: Through The Eyes Of An Articling Student
I had the opportunity to join DGW Law Corporation as an articling student in January 2019. Since completing my articles with the firm, I have had the chance to reflect on some of my experiences over the past 7 months. Something that stands out for me […]
Case Brief: SCC Dismisses Leave to Appeal: William v. British Columbia, 2019 BCCA 74 (SCC No. 38548); and Fort McKay Métis Community Association v. Alberta Energy Regulator, 2019 ABCA 15 (SCC No. 38549)
Case: Brief: SCC Dismisses Leave to Appeal: William v. British Columbia, 2019 BCCA 74 (SCC No. 38548); and Fort McKay Métis Community Association v. Alberta Energy Regulator, 2019 ABCA 15 (SCC No. 38549) On June 13, 2019, the Supreme Court of Canada (“SCC”) dismissed...
Case Brief: R. v. Desautel, 2019 BCCA 151
Case Brief: R. v. Desautel, 2019 BCCA 151 Christopher Devlin, Darian Baskatawang The BC Court of Appeal has decided that members of a present-day Indigenous community situated in Washington State are entitled to exercise constitutionally protected Aboriginal rights...
Indigenous Oral History in the Courts
Indigenous Oral History in the Courts Indigenous oral history conveys information that has been passed down from generation to generation. When oral history is presented as evidence in Canadians courts, it goes against the general rule against hearsay. This creates...
Federal Budget 2019 includes long overdue loan reimbursement for Indigenous groups
Federal Budget 2019 includes long overdue loan reimbursement for Indigenous groups The federal government tabled Budget 2019 on Tuesday ahead of October’s federal election. A quarter of new spending is earmarked for Indigenous services; $4.5 billion is promised over...
A New Approach to Dispute Resolution with Indigenous Peoples
Former Attorney General of Canada Leaves Legacy of a New Approach to Dispute Resolution with Indigenous Peoples Christopher Devlin and Caitlin Stockwell, Articled Student January 18, 2019 On January 11, 2019, the former Attorney...
Case Brief: Mikisew Cree First Nation v. Canada (Governor in Council), 2018 SCC 40
Case Brief: Mikisew Cree First Nation v. Canada (Governor in Council), 2018 SCC 40 In a considerably divided 7-2 majority, the Supreme Court of Canada ruled that the duty to consult Indigenous peoples does not apply to the law-making process. Mikisew Cree Nation had...