Signing Ceremony Cementing Partnership Between Tsawout First Nation and Cascadia Seaweed By John Gailus, Kajia Eidse-Rempel and Erica Fritch On Friday, February 25, 2022, members of DGW Law joined Tsawout First Nation Chief and Council, Elders and members,...
Raising Revenue on Reserve: First Nations Goods and Services Tax (FNGST)
Raising Revenue on Reserve: First Nations Goods and Services Tax (FNGST) By Peter Nyhuus and John Gailus The First Nations Goods and Services Tax (“FNGST”) offers a compelling revenue stream for First Nation governments seeking to raise money for their community...
Case Brief: Restoule v. Canada (Attorney General), 2021 ONCA 779
Case Brief: Restoule v. Canada (Attorney General), 2021 ONCA 779 By Courtney Jacklin, John Gailus and Christopher Devlin On November 5, 2021, the Court of Appeal for Ontario released its decision in Restoule v. Canada (Attorney General).[1] The court considered the...
Case Brief: Snaw-Naw-As First Nation v. Canada (Attorney General), 2021 BCCA 333
Case Brief: Snaw-Naw-As First Nation v. Canada (Attorney General), 2021 BCCA 333 By Christopher Devlin and Courtney Jacklin What this case is about In 1912, the federal government granted a right of way to the E&N Railway Company through Snaw-naw-as First Nation’s...
UNDRIP is Law, the Time for Meaningful Action is Now
UNDRIP is Law, the Time for Meaningful Action is Now by Kajia Eidse-Rempel On June 16, 2021, the Senate passed legislation that commits Canada to taking “all measures necessary” to align Canadian laws with the United Nations Declaration on the Rights of Indigenous...
Considering Membership Codes
The Government of Canada has made recent changes to the criteria for “Indian Status.”
Is now the right time for your First Nation community to take control of your membership list by developing a “custom membership code”?
Case Brief: Gamlaxyeltxw v. British Columbia (Minister of Forests, Lands & Natural Resource Operations), 2020 BCCA 215
This case concerns a dispute over Gitanyow First Nation’s asserted s. 35 rights and the Nisga’a Nation’s treaty rights under the Nisga’a Treaty.
Transparency Registers – Changes to the Business Corporations Act; Is your Corporation Ready?
Effective October 1, 2020, private companies in BC are required to take reasonable steps to maintain a transparency register that contains certain details on all “significant individuals” in respect of the company. These new requirements are enacted as amendments to...
New Federal Legislation Affirms Indigenous Jurisdiction over Child Welfare
On January 21, 2020, Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) came into force. The Act sets out how Indigenous groups can enact laws and exercise their jurisdiction over child and family services. Co-developed...
British Columbia one step closer to implementing UNDRIP
Earlier today, British Columbia’s Legislative Assembly voted unanimously to pass Bill 41. Bill 41 ratifies and seeks to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The Bill is expected to receive royal assent on Thursday....