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Archive For Entries On Aboriginal Law

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 […]

Tsilhqot’in Nation v. British Columbia: B.C. Court of Appeal Will Re-examine Aboriginal Land Rights

In February 2009, the British Columbia Court of Appeal lifted a stay of proceedings on Tsilhqot’in Nation v. British Columbia, 2007 BCSC 1700, meaning that the momentous claim to Aboriginal title over a large area in the interior of British Columbia will proceed to the province’s Court of Appeal.  In 2007, Justice Vickers of the […]

R. v. Ipeelee: Correction, Conviction and Culture

R. v. Ipeelee [2012 SCC 13] is a difficult case. As with most criminal cases, the facts of the case are difficult to stomach: a dizzying confluence of alcohol and drugs and then bursts of violence, particularly against women. Raised without parental guidance in an abusive home, the two defendants, both of whom are of […]

Extradition, Restorative Justice, and Aboriginal Status: The Case of Zachary Leonard and Criminal Code s. 718.2(e)

A unique argument is before the Ontario Court of Appeal (OCA) regarding the case of an Ontario Aboriginal facing extradition and criminal charges in Minnesota, United States. The case has advocates arguing the Canadian government’s unique obligation towards the Aboriginal community, under s.718.2(e) of Canada’s Criminal Code, should prevent an extradition where the accused faces […]

Appeal Watch: Obonsawin and Klymchuk Denied Leave to Appeal

Supreme Court Denies Leave in Indian Act GST Exemption Case The Supreme Court will not reconsider whether an Aboriginal’s interest in employment contracts can be considered “property” for the purposes of tax exemption under the Indian Act. In Roger Obonsawin v Her Majesty the Queen, 2010 TCC 222, the Tax Court of Canada determined that […]

Amici Curiae: Costa Concordia, the Indian Act, and the Shafia Trial

Costa Concordia: A Sea of Suits The RMS Titanic struck an iceberg on her maiden voyage from England to New York City. The ship sank on April 15, 1912. History repeated itself nearly 100 years later when the Costa Concordia hit a rock off the Coast of Italy and sunk on January 13, 2012. As […]