Aboriginal law
-
Quebec Appeal Court sets precedent over First Nations police underfunding
The Quebec Court of Appeal held that Ottawa and Quebec breached their duty to act honourably after it refused to adequately finance the police department of a First Nation. Continue reading
-
Quebec Court reaffirms authority of Aboriginal communities in youth protection
First Nations that have implemented youth protection legislation under the auspices of the federal Bill C-92 have jurisdiction over youth welfare regardless of place of residence held a provincial court judge in a decision viewed by legal experts as a precedent. Continue reading
-
Pragmatic measures must be implemented to address problems plaguing Nunavik’s justice system: report
A series of wide-ranging concrete administrative and structural reforms, coupled with a new regional or municipal court, legal aid for all Inuit, and greater inclusion for traditional Inuit dispute resolution methods, should be implemented by the Quebec government and legal authorities to provide greater access to justice and tackle the alarming and increasing caseload in… Continue reading
-
Canadian Constitution architecture dramatically altered following Quebec Appeal Court decision, according to experts
The architecture of the Canadian Constitution has been dramatically altered, with the emergence of a third level of government, after the Quebec Court of Appeal ruled that Indigenous people possess an existing right of self-government that is protected by section 35 of the Constitution Act, 1982, according to legal experts. Continue reading
-
Gladue may apply to homeless people rules Quebec Court of Appeal
In a decision welcomed by criminal lawyers, the Quebec Court of Appeal seems to have opened the door for the principle of proportionality of sentences to be applied to homeless offenders or members of a marginalized group who are non-Aboriginal. Continue reading
Tags: Gladue -
Ottawa given until Christmas to address sex-based discriminatory provisions in the Indian Act
The federal government dodged a potential crisis that would have halted Indian status registrations after the Quebec Court of Appeal begrudgingly gave Ottawa until Christmas to address sex-based discriminatory provisions in the Indian Act and complete a bill that has been held up by the Senate. Continue reading
-
Supreme Court of Canada clarifies duty to consult
The Supreme Court of Canada shed new light on the Crown’s constitutional duty to consult with Aboriginal communities and clarified the role and obligation of decision-making bodies in two separate decisons that has the potential of providing greater predictability for natural resources companies seeking regulatory approval. In companion decisions, the nation’s highest court handed mixed… Continue reading
-
Appeal court postpones ruling that would have suspended Indian status registrations
The Quebec Court of Appeal granted a safeguard order today that temporarily postpones a court ruling that would have suspended new Indian status registrations as of July 4th. Quebec Court of Appeal Justice Nicholas Kasirer granted the Attorney General of Canada leave to appeal from a June 27th decision that refused to extend for a… Continue reading
-
New Indian status registrations in jeopardy
A suspension on new Indian status registrations could begin new week unless the Quebec Court of Appeal issues a safeguard order. Continue reading
-
Federal and provincial governments need to demonstrate “stronger engagement” towards duty to consult, says UN panel
Federal and provincial governments “need” to demonstrate a “stronger engagement” towards conducting meaningful consultations with indigenous communities, according to a United Nations working group on business and human rights.The duty to consult takes on added weight given that extensive mining and oil and gas extraction in several indigenous territories is “accompanied” by significant adverse environment… Continue reading