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Archive For Entries On Aboriginal Law

Grassy Narrows v Ontario: A Legal Battle Against Logging Lost, The Political Fight Continues

In Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, the Supreme Court of Canada (“SCC”) unanimously determined that Ontario has the jurisdiction under the Crown to take up land covered by the Ontario Boundaries Extension Act, SC 1912, c 40, s 2, Treaty No. 3 (1873) (“Treaty 3”), thus limiting First Nation […]

Aboriginal Status, Mandatory Minimums, and Prosecutorial Discretion: R v Anderson

Back in June, the Supreme Court of Canada (SCC) dealt with the issue of whether Crown prosecutors are constitutionally required to consider the Aboriginal status of accused persons when deciding to pursue a mandatory minimum sentence in R v Anderson, 2014 SCC 41. The respondent, Frederick Anderson, was charged with impaired driving pursuant to section […]

Revisiting Aboriginal Title Part III: SCC Clarification in Tsilhqot’in Nation v British Columbia

This comment is the third in a series detailing the ongoing development of Aboriginal title in Canada. Part I and Part II focused on the British Columbia Court of Appeal decision William v British Columbia, 2012 BCCA 285 [William]. This third part aims to provide an exegesis and analysis of the Supreme Court’s resolution of the appeal from William in Tsilhqot’in Nation v British Columbia, 2014 […]

Revisiting Aboriginal Title Part II: An Alternative View of Sufficient Occupancy

This commentary is the second in a series detailing the ongoing development of Aboriginal title in Canada. It follows a discussion of the British Columbia Court of Appeal’s decision, and is drawn from a larger essay, available in full, on SSRN. Part I of this series rehearsed and critiqued the British Columbia Court of Appeal’s decision […]

Revisiting Aboriginal Title Part I: The BCCA and Sufficient Occupancy

This commentary is the first of several parts detailing the ongoing development of the doctrine of Aboriginal title in Canada. This first part is a condensed and informal version of a longer paper that treats these issues in much greater detail. The longer version, complete with citations, is available here.   A previous TheCourt.ca comment by […]

Oral Arguments: Professor Kent McNeil — ‘Aboriginal Title And The Tsilhqot’in Nation Case’

Osgoode Professor Kent McNeil, author of Common Law Aboriginal Title and Canada’s leading Aboriginal Title scholar, overviews William v BC, a major Aboriginal Title case scheduled to be heard by the Supreme Court of Canada on November 7, 2013. Professor McNeil outlines the facts, issues at stake and problems with how the courts have recently […]

Supreme Court of Canada Expands on the Honour of the Crown in Manitoba Métis Federation Inc. v Canada (Attorney General)

Back in 1869, present-day Manitoba’s Red River Settlement was a lively Métis community that was growing and developing while, further East, the country of Canada was in its infancy. After Upper and Lower Canada (Ontario and Quebec, respectively), Nova Scotia and New Brunswick combined to create Canada in 1867, John A. Macdonald set his sights on […]

BULLETIN: SCC Grants Partial Appeal to Metis Federation in Manitoba Metis Federation Inc. v Canada (Attorney General)

On Friday, March 8, 2013, the SCC released its decision in Manitoba Metis Federation Inc. v Canada (Attorney General) 2013 SCC 14. In this landmark case, the Manitoba Metis Federation sought a declaration that in implementing the Manitoba Act, the federal government breached their fiduciary obligation to the Metis and failed to implement the Manitoba Act in a […]

Lack of First Nations Representation on Ontario Juries Symptomatic of Larger Problems: Iacobucci Report

Every fall, Aboriginal students from Northern Ontario’s remote reserves leave their families and fly to Thunder Bay in order to attend high school, the trip being necessary due to the lack of suitable schools closer to their homes. Since 2000, seven of these students have died in tragic circumstances. After the death of Reggie Bushie […]

The Ontario Court of Appeal in United States v Leonard: The Expansion of Gladue and the Role of “Aboriginality” in the Law

Background: Back in March 2012, TheCourt.ca highlighted an interesting case being heard by the Ontario Court of Appeal. The decision in United States v Leonard, 2012 ONCA 622 was released on September 21, 2012. It is significant in its application of the Gladue principles to situations involving Aboriginal defendants outside of sentencing. Detailed facts of […]