Category: Aboriginal law
SCC upholds Indigenous child welfare legislation, but misses opportunity to go further
The Supreme Court of Canada has upheld the constitutionality of landmark federal legislation that establishes national standards for the provision of culturally appropriate child and family services for Indigenous children and seeks to provide concrete means for Indigenous peoples to assume effective control over their children’s welfare. However, the Court missed an opportunity to affirm that section 35 protects the right of Indigenous peoples to self-govern in the core area of child welfare.
September 30th, 2022: The ongoing but worthwhile struggle for truth and reconciliation
Maria Lucas discusses how developments in Indigenous child and family welfare over the past year reveal the ongoing but worthwhile struggle for truth and reconciliation.
Federal Court Sides with First Nations Children and Upholds Human Rights Rulings
In a landmark decision, the Federal Court has ordered the federal government to pay $40,000 to Indigenous children removed from their homes in the child welfare system and to their caregivers. Rye Dutton takes us through the Court’s decision.
A Settler’s Reflections on Orange Shirt Day: Reconciliation as awareness, acceptance, apology, atonement and action
Natai Shelsen reflects on the meaning of the National Day for Truth and Reconciliation and considers how we, as settlers, can engage in the process of reconciliation.
Section 35 rights may extend to Indigenous peoples outside of Canada
Indigenous persons who are not Canadian citizens and who do not reside in Canada can exercise constitutionally protected Aboriginal rights. Darryl Korell takes us through the Supreme Court’s expansive interpretation of section 35 rights in R. v. Desautel.
National Indigenous Peoples Day: A Resource List for Lawyers and Union Representatives
The Truth and Reconciliation Commission asked Canadians to learn more about the history and legacy of residential schools and Aboriginal rights in Canada. In this blog post, Kelly Doctor shares a list of resources for lawyers, union reps and others who work with Indigenous people and peoples (or those who don’t, but want to know more).
Aboriginal law: What is social acceptability and why does it matter?
Social acceptability is vital for the success of development projects. Natai Shelsen examines how proponents must take the concerns expressed by Indigenous peoples seriously and confront them head on.
Aboriginal law 101: What is the duty to consult?
The duty to consult is complex and fact-specific. Natai Shelsen discusses the Crown’s obligation to consult with Indigenous groups when their Aboriginal rights or claims could be affected by government decisions.