Law

December 15, 2011

Career Influenced by Cree Values

Donald Worme had a connection with the legal system prior to becoming a lawyer. He was a witness to his mother and his sisters murders. Despite this horrific event, Worme is the eternal optimist , and uses his grandfathers teachings of Cree values to continue the fight for human rights.

Ned Powers, Saskatoon Express, December 12-19th, 2011.

October 24, 2011

Critics Say Crime Bill Targets Aboriginals

Gabrielle Giroday reports in the Winnipeg Free Press on October 25th, 2011 how Winnipeg social service groups held a news conference last week to discuss the omnibus crime bill C-10 which they feel unfairly targets aboriginal people and women. Five speakers spoke at the event, all opposing the bill.

October 22, 2011

Fundamentals of Aboriginal Law Course

The Canadian Institute is offering the course, The Fundamentals of Aboriginal Law on Monday, October 24th and Tuesday, October 25th at the Hyatt Regency Hotel in Calgary, AB. The course is aimed at lawyers and non-lawyers in industry, government and aboriginal communities to minimize legal risks.

October 04, 2011

Doig River Band Creates Tribal Park

Mark Hume, of the Globe and Mail, reported October 2nd, 2011 that the Doig River Band, with a population of 249, has announced that they are creating a 90,000 hectare "tribal park" on both sides of the British Columbia-Alberta border in the northern areas of the provinces. Legally, a tribal park may not exist but there are precedents. In 1984, for example, the Tla-o-qui-aht established an area to protect Meares Island, B.C. from logging, which it has done, a move that has had benefits for local tourism.

August 16, 2011

Lack of First Nations Jurors to be Reviewed in Ontario

The Ontario Ministry of the Attorney General made an announcement last Thursday, August 11th, appointing former Supreme Court Justice Frank Iacobucci to lead a review into why First Nations members are underrepresented on Ontario juries. Iacobucci is expected to produce a report within a year.

August 08, 2011

Ontario Court Will Decide If Juries Unfair To Aboriginals

Ontario's top court decided on July 29, 2011 to hear arguments about whether the makeup of jury panels is unfair to accused Aboriginals. In an unusual decision, the Appeal Court took the step of putting an appeal ruling on hold despite having decided a jury was reasonable to have convicted a man of manslaughter in 2008.

August 01, 2011

First Nations Get Tax Break On Off-Reserve Investments

The Supreme Court of Canada has ruled that First Nations are exempt from taxes on revenues earned on investments made outside native reserves. The Supreme Court of Canada has ruled that First Nations are exempt from taxes on revenues earned on investments made outside native reserves.

July 16, 2011

Lakehead University Gets Law School With a Focus on Aboriginal Law

Lakehead University, located in Thunder Bay, Ontario has won provincial approval to launch the law school it has long coveted, promising to gear its newest faculty to attract aboriginal students and focus on aboriginal law. A first class of 55 law students will enroll in September, 2013, with priority going to Northern and aboriginal applicants. They will be able to take courses on aboriginal law, which can range from indigenous legal principles to treaty or land-claim law.

July 12, 2011

Aboriginal British Columbians File Class Action Against Federal Government

A class action was filed on May 30, 2011 by Sharon Russell against the Government of Canada on behalf of Aboriginal British Columbians who were apprehended as children by provincial welfare authorities. A member of the Gitksan First Nation, Ms. Russell was taken from her parents and kept away from her Gitksan community starting in 1964, at age seven.

June 26, 2011

B.C. First Nation Challenges Oil and Gas Tenures Sale

The sale of oil and gas tenures in northeast British Columbia by the provincial government for $260-million is being challenged in court by a native band. The Dene Tha, a first nation that straddles the B.C.-Alberta-Northwest Territories boundaries, has filed a petition with the Supreme Court of B.C. The band alleges that the B.C. Ministry of Energy and Mines failed to adequately consult with the first nation, or to undertake studies on the environmental impact of gas drilling, before selling the leases in the Cordova Basin, near Fort Nelson.

June 23, 2011

Human Rights Law Extends To Reserve Aboriginals

A law which took effect on Saturday June 18, 2011 will allow people living on aboriginal reserves to seek protection under the Canadian Human Rights Act if they feel they have faced discrimination by their band council. The changes were passed into law in 2008 but only take effect now after a grace period. Assembly of First Nations National Chief Shawn Atleo called on the federal government Thursday to ensure enough funds are supplied to implement the shift.

May 20, 2011

AFN National Chief Welcomes BC Court Of Appeal Decision

Assembly of First Nations (AFN) National Chief Shawn A-in-chut Atleo stated that he is pleased with a decision by the BC Court of Appeal that affirms the right of five Nuu-chah-nulth First Nations to harvest and sell fish in their traditional territories. The Court of Appeal also agreed that Canada’s management of the fisheries has not respected the Nuu-chah-nulth’s Aboriginal rights and has thus given the parties one year to design a fishery that is consistent with these rights.

May 04, 2011

Canadian Human Rights Tribunal Decision Being Appealed By Assembly of First Nations

A ruling by the Canadian Human Rights Tribunal, regarding the level of services provided to First Nations children in foster care, is being appealed to the Federal Court. The Assembly of First Nations (AFN) and the First Nations Caring for Children Society have jointly launched this challenge against Indian and Northern Affairs Canada's (INAC) inequitable funding policy.

Canadian Human Rights Tribunal Dismisses Assembly of First Nations Complaint

The Canadian Human Rights Tribunal has dismissed the complaint filed by the Assembly of First Nations (AFN) and the First Nation Child and Family Caring Society of Canada (Caring Society). The complaint was based on the lower level of service being provided for First Nation children in foster care on-reserves, who fall under federal jurisdiction, than that provided to children in foster care off reserve.

February 03, 2011

Lawyer Defends Chiefs Handling of Impaired Charge

Guy Lonechild's failure to make public charges of impaired driving and failing to stop for police, laid during the election campaign for chief of Saskatchewan Indian Nations has raised concerns about governance and the conduct of elections.

December 30, 2010

Alberta Metis Appeal Hunting Fine

Alberta Métis have filed an appeal on December 20, 2011 in regards to a recent ruling by a Medicine Hat judge who ruled Métis have no right to hunt out of season. A hearing date for the appeal has been set for March 1, 2011.

October 12, 2010

Saskatchewan First Nations To Challenge Provincial Tobacco Tax Restrictions

Saskatchewan First Nations leaders gathered at the Muskoday Store and Gas Bar, south of Prince Albert on Thursday October 7th, 2010 to take action against the one-carton tax-exemption legislation passed by the provincial government in this year's budget. On July 1st, 2010 changes limited the amount of cigarettes purchases tax free by First Nations people to one carton from three. Chief Austin Bear of the Muskoday First Nation calls this a breach of treaty rights. "This is not only a Muskoday issue," Bear said. "This is an issue that affects all of our First Nations in Saskatchewan and beyond."

September 16, 2010

Alberta Challenged for Reserves Being Left Out of Pool of Possible Jurors

Tom Engel, an Edmonton Lawyer, is challenging the Alberta jury selection process. His contention is that exclusion of reserve residents from the pool of possible jurors violates the rights of Aboriginal People.

April 26, 2010

Manitoba To Recognize Aboriginal Languages

Legislation was introduced last week in the Manitoba Legislature by the Minister of Aboriginal and Northern Affairs that will recognize Cree, Dakota, Inuktitut, Michif Ojibway and Oji-Cree as the aboriginal languages of Manitoba.

April 04, 2010

Proposed Bill C-3 Fails To Give Aboriginal Women Equality

The Conservatives introduced Bill C-3 on March 11 to apparently "fix" the sex discrimination in the status registration provisions of the Indian Act. The bill was introduced in response to a B.C. Court of Appeal decision, in November 2009, which held that the status provisions of the Indian Act violate the eqality guarantees of the Charter. The authors, one who is Chair of the Human Rights Committee, Canadian Feminist Alliance for International Action and the other, a polictical science professor at the University of Regina, state that, if Bill C-3 is passed Canada will still continue to discriminate against aboriginal women in the legislation.

March 07, 2010

File Hills First Nation To Introduce Peacekeepers

The Government of Saskatchewan, in partnership with Public Safety Canada and the File Hills Tribal Council, today announced a pilot project that will introduce peacekeepers to the File Hills Tribal Council. File Hills First Nations Police Service is currently the only First Nations self administered police service in Saskatchewan.