Case Brief: Yahey v. British Columbia, 2020 BCSC 278 John Gailus and Courtenay Jacklin Summary In March 2015, Blueberry River First Nations (“Blueberry”) commenced an action alleging that the cumulative impacts of Crown-authorized activities within their traditional...
Case Brief: Newfoundland and Labrador (Attorney General) v. Uashaunnuat et al., SCC 37912 John Gailus and Scott Constantine Summary The Supreme Court of Canada has decided that members of a group of Innu First Nations with Aboriginal rights and title claims straddling...
I had the opportunity to join DGW Law Corporation as an articling student in January 2019. Since completing my articles with the firm, I have had the chance to reflect on some of my experiences over the past 7 months. Something that stands out for me […]
Case: Brief: SCC Dismisses Leave to Appeal: William v. British Columbia, 2019 BCCA 74 (SCC No. 38548); and Fort McKay Métis Community Association v. Alberta Energy Regulator, 2019 ABCA 15 (SCC No. 38549) On June 13, 2019, the Supreme Court of Canada (“SCC”) dismissed...
Case Brief: R. v. Desautel, 2019 BCCA 151 Christopher Devlin, Darian Baskatawang The BC Court of Appeal has decided that members of a present-day Indigenous community situated in Washington State are entitled to exercise constitutionally protected Aboriginal rights...
Indigenous Oral History in the Courts Indigenous oral history conveys information that has been passed down from generation to generation. When oral history is presented as evidence in Canadians courts, it goes against the general rule against hearsay. This creates...
Former Attorney General of Canada Leaves Legacy of a New Approach to Dispute Resolution with Indigenous Peoples Christopher Devlin and Caitlin Stockwell, Articled Student January 18, 2019 On January 11, 2019, the former Attorney...
Case brief of December 21, 2018, ruling by Justice Patricia Hennessy of the Ontario Superior Court of Justice in the Restoule v. Canada (Attorney General?, 2018 ONSC 7701 case.
Does Canada need to increase the annuity to the Anishinaabe of the upper Great Lakes region from the $4 per year that was set in 1850?
The annuity augmentation clause suggests that it does and the increase is long overdue.
In this case brief, John Gailus, an experienced lawyer in Aboriginal law in Canada, explains the decisions and the implications of the court’s decision in the case of West Moberly v. British Columbia
Case Brief: Mikisew Cree First Nation v. Canada (Governor in Council), 2018 SCC 40 In a considerably divided 7-2 majority, the Supreme Court of Canada ruled that the duty to consult Indigenous peoples does not apply to the law-making process. Mikisew Cree Nation had...