Getting the Most Out of Consultation

Article
March 10, 2016
Read Time: 6 minutes

Natural resource and other development on Indigenous peoples’ territories is nothing new – but their communities’ rights, and the remedies available to them, are constantly evolving. A community’s ability to respond effectively to development pressures will depend on how well its leadership understands the process of consultation and responds to that process strategically. This article explores some of the ‘ins and outs’ of consultation, and provides insights from recent case law that will help communities make decisions about resource development in their territories.

5 Reasons First Nations should pass laws family property on reserve

Article
May 27, 2015
Read Time: 6 minutes

The breakdown of a relationship or the death of a spouse is always a difficult experience. For many First Nations couples living on reserve, the experience may be even more difficult due to a lack of effective legal mechanisms for allocating family property.

The Five W’s of Impact Benefit Agreements

Article
February 26, 2015
Read Time: 5 minutes

Impact benefit agreements (IBA) have become a critical instrument allowing Indigenous communities to fully participate in projects carried out within their traditional territories. In fact, IBAs are now a common vehicle for community consultation and approval of projects. The five W’s of IBAs are outlined in this article.

Getting it Right when Identifying the Accused

Article
September 11, 2014
Read Time: 2 minutes

The identity of the accused is an essential element of any offence. A court will not convict if the prosecution cannot prove that the person charged was, in fact, the same person who committed an offence. Recently, the Court of Quebec acquitted an accused because the identity had not been sufficiently established by the police. A few small measures will ensure that the right person is prosecuted for by-law and Criminal Code offences and ensure successful prosecutions.

Supreme Court Considers Disclosure of Evidence in Police Occurrence Reports

Article
July 10, 2014
Read Time: 2 minutes

The Supreme Court of Canada (SCC) released its latest decision respecting the disclosure of evidence in criminal cases. In R. v. Quesnelle, the SCC was asked to determine the nature of police occurrence reports and whether their disclosure in a sexual offence case was properly refused at trial.