Written by: Nick Leeson & Tolu Kolawole Replacing Doctrine of Discovery with an Agenda for Decolonization Last Thursday, the Vatican issued a Joint Statement rejecting the Doctrine of Discovery (the “Doctrine”). The Doctrine is a legal…
First Nations gain Ontario agreement to co lead regional impact assessment The James Bay / Hudson Bay lowlands in northern Ontario is the homeland territory for many First Nations in Mushkegowuk and Matawa Tribal Councils…
On December 15, 2022, the federal Framework Agreement on First Nations Land Management Act (“FAFNLMA”) received royal assent as part of Bill C-32, the Fall Economic Statement Implementation Act. The FAFNLMA is the outcome of…
UVic's joint Canadian/Indigenous Law degree, and the resulting legal skills are an important part of enabling self-determination and prosperity for Indigenous communities. But it also puts big demands on Indigenous law students, who require a…
‘”Pressing needs” do not mean the bare necessities of life’: Canada’s highest court rules First Nations with financial resources can qualify for advance costs, but significant barriers still remain: Anderson v Alberta, 2022 SCC 6…
While the Covid-19 pandemic continues to impact the world, vaccines have been recognized as the best and most effective tool to limit the impacts of the disease. Many employers across the country, including First Nations…
Introduction This case is significant as it is the first case to examine what it means to be able to meaningfully exercise and enjoy treaty rights and how the cumulative impacts of Crown-authorized development breach…
On July 16, 2021, the Supreme Court of Canada (“SCC”) released its decision in Southwind v Canada, 2021 SCC 28 (“Southwind”), a landmark ruling on equitable compensation. The issue before the SCC was how to assess compensation for…
We struggle to find the right words to convey how profoundly sad, disheartening, and distressing the findings over the last few weeks have been. In this heartbreaking time, and with potentially more gravesite discoveries to…
1. Overview This case concerns whether Canada had justified its infringement of the commercial fishing rights of the five Nuu-chah-nulth Nations of Ahousaht, Hesquiaht, Mowachaht/Muchalaht, Tla-o-qui-aht, and Ehattesaht/Chinehkint (collectively, the “Nations”). The Nations’ commercial fishing…