Category: Aboriginal law
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.
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.
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).
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.
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.