On November 21, 2014, in R v Kokopenace, the Supreme Court of Canada granted leave to appeal a case from the Ontario Court of Appeal (2013 ONCA 389). The case deals with what duty the Ontario government has to ensure that First People who live on reserve are included on jury rolls (list of potential … [Read more...]
Bench Press 38-6: Court Decision an “Earthquake”
Both the land and the legal landscape underwent a transformation recently as a result of a Supreme Court of Canada decision. The Court ruled for the first time that an Aboriginal nation has title to a remote piece of beautiful land in British Columbia. The Court wrote: “The nature of Aboriginal … [Read more...]
Researching Aboriginal Law
Aboriginal law is a diverse and complex topic, which encompasses issues such as land claims, hunting and fishing rights, residential school settlements and self-government, among others. This article outlines some of the key legal documents, useful Internet sites, databases and other resources … [Read more...]
Viewpoint 38-6: A Bench Mark case indeed!
Just as we were preparing the final touches to this issue of LawNow, my editorial assistant reminded me that we did not have a Viewpoint column. Perhaps I can blame the lead-up to summer time that this omission had slipped my notice. However, we were handed a gift by the Supreme Court of Canada on … [Read more...]
Aboriginal Children and Child Welfare Policies
Although nearly everyone has heard the term, “Residential Schools,” it would appear that few really have a proper comprehension of the cruel realities and shame of Canada’s collective history. With its origins in “civilizing the ‘petits sauvages’” [1] for the purpose of serving as wives and mothers … [Read more...]
The Indian Act – Exemption from Taxation
The Canada Revenue Agency notes on its website that “We recognize that many First Nations people in Canada prefer not to describe themselves as Indians. However, we use the term Indian because it has a legal meaning in the Indian Act.” For the same reason, the author uses the term in this … [Read more...]
Indian Residential Schools: A Chronology
This chronology was compiled to convey, by historic milestones, how the Indian Residential School system came to be, how it embodied attitudes of its time, how critics were dismissed, and how, finally, the deep harm it did to many members of generations of Indian children was exposed in the course … [Read more...]