Articles exploring legal issues that shape our work. Recent news and stories
From landmark court decisions to emerging legal and policy developments, on this page we share insights into the issues shaping Indigenous law, public law, as well as business and personal law in Canada. Our lawyers offer clear, thoughtful updates to help you make sense of what’s changing, and understand why it matters for your work, your community or your organization.
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Reconciliation Through Litigation
As this paper suggests, litigation has played and will continue to play an essential role in achieving reconciliation by more clearly defining rights in difficult areas and advancing negotiations on important issues that might otherwise be irreconcilable. In fact, litigation and negotiation can intersect very comfortably with one another and lay groundwork for achieving reconciliation.
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The Aboriginal right to sell fish: Ahousaht Nation et al v Canada
On November 3, 2009, the B.C. Supreme Court released its judgment in Ahousaht Nation v. Canada. Madam Justice Garson (now J.A.) concluded that all five Nuu-chah-nulth plaintiffs have aboriginal rights to fish in their traditional territories and sell that fish into the commercial marketplace.
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Achieving cultural security and continuity. R. v Sappier and the refined Van der Peet test
Through a framework developed in R. v. Marshall; R. v. Bernard, and R. v. Sappier the Court has set an analytical framework that focuses on the modernization of aboriginal rights with the objective of making them relevant and meaningful in a modern economy.
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The Squamish Nation assessment process: Getting to consent
Overview of Squamish Nation’s environmental assessment process, which was designed to parallel Crown environmental assessment processes and ensure project impacts on the Nation’s rights and title interests are understood and properly avoided or mitigated.