Mining Exploration Permits and the Honour of the Crown: FAQ
June 6, 2022 By Brian Babcock What is the ‘honour of the Crown’? It is a constitutional duty to First Nations (or other Indigenous peoples) which springs from the ongoing process of reconciliation with Indigenous people, a process which is a moral, political, and legal obligation of the Crown. It is an obligation at the […]
Taking Indigenous Property Rights Seriously
September 27, 2021 By Brian Babcock Courts typically make injunctions to protect property rights available more easily than injunctions in other situations, such as breach of contract, or labour disputes, because “property rights are sacrosanct”. A different attitude appears to apply when it comes to efforts by First Nations or Indigenous groups to protect traditional […]
Who are the Aboriginal Peoples of Canada?
July 5, 2021 By Brian Babcock Persons who are not Canadian citizens and who do not reside in Canada can exercise an Aboriginal right that is protected by s.35(1) of the Constitution Act, 1982. Under section 35(1) “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.” In […]
Compensation & Reconciliation
January 31, 2021 By Brad Smith We await with interest the upcoming Supreme Court of Canada decision in Southwind v. Canada, an appeal from the Federal Court of Appeal argued in December 2020. Getting this right could be a strong step towards reconciliation. As described on the Supreme Court website: In an action initiated in 1991, […]
Inquest Into The Deaths Of 7 First Nations Youth Comes To A Conclusion
October 6, 2016 The Inquest into the deaths of Jethro Anderson, Curran Strang, Paul Panacheese, Robyn Harper, Reggie Bushie, Kyle Morriseau and Jordan Wabasse, seven (7) First Nation youth who died while attending high school in the City of Thunder Bay, concluded on June 28, 2016. These young people were forced to leave their families, […]
Explaining The Inquest Into The Deaths Of Seven First Nations Students In Thunder Bay
January 5, 2016 On October 5, 2015, the long-awaited Inquest into the deaths of seven First Nation students, who died while attending high school in Thunder Bay, Ontario, between 2000 and 2011, commenced pursuant to the Coroners Act. Weilers represented the Provincial Advocate for Children and Youth (now part of the Ontario Ombudsman) throughout the six […]
Supreme Court Clarifies Consultation Responsibilities
[vc_row][vc_column][vc_column_text]August 21, 2014 The Supreme Court of Canada recently released two significant decisions that will affect development in Northwestern Ontario – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 and Grassy Narrows First Nation v. Ontario, 2014 SCC 48. Tsilhqot’in is the first case to declare the existence of Aboriginal title over approximately 1700 square kilometres of remote lands […]
Matrimonial Homes and Property Rights On First Nations Lands
[vc_row][vc_column][vc_column_text]July 25, 2014 On June 19, 2013, the Family Homes on Reserves and Matrimonial Interests or Rights Act (the “Act”) received royal assent, and became law. Prior to the Act, courts could not make orders at all about the possession or sale of a family home (or any other on-reserve real property interests), and division of the proceeds […]