In another step forward for Inuit Canadians who attended federal residential schools, a court has concluded that Kivalliq Hall, a high school and student residence constructed in Nunavut in the 1980s, was Canada’s joint responsibility and should therefore be added as an institution pursuant to the Indian Residential School Settlement Agreement. This means that attendees will be eligible for compensation by the Government of Canada under the Agreement.
A recent Supreme Court of Canada case, Ewert v. Canada, found that some of the risk assessment tests employed by Canada’s prison system may in fact discriminate against Indigenous prisoners. The Canadian Association of Elizabeth Fry Societies (CAEFS) and the Native Women’s Association of Canada intervened on this case at the Supreme Court of Canada. Pam MacEachern and Natasha Chettiar represented CAEFS on a pro bono basis.
The Federal Government in on track to legalize marijuana later this year, with Bill C-45 making its way through the Senate. However, there are many questions still unanswered as to the implementation of this piece of legislation, not least of which is how the sale of marijuana will operate in First Nations communities. Will provincial law apply, or can Indigenous people take full responsibility for its management?
Indigenous lawyer Michel Nolet was recently featured in an article in the Law Times about the developing class action related to the “Indian hospitals”. These were operational in Canada between 1945 and 1981, and it is alleged that many Indigenous people suffered abuse and mistreatment at these institutions.
The civil remedies available to deal with the problem of “revenge porn” are still in their early stages of development in Ontario. By contrast, the principles applicable to these cases have been settled for quite some time in Quebec. This post looks compares Ontario privacy law with the law in Quebec.
What do construction licensing laws mean for Indigenous communities? In our latest Indigenous Law blog post, Stephane Serafin looks at licensing laws across Canada and their impact on First Nations communities.
In a previous blog post, we sought to give our readers an overview of the relationship between provincial laws of general application and the federal jurisdiction over “Indians and lands reserved for Indians” set out in section 91(24) of the Constitution Act, 1867.
Our very own Lanise Hayes was recently quoted in the Law Times editorial “Words versus actions”. The piece is about the federal bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.
The recent Supreme Court of Canada decision Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations) related to the spiritual significance of a proposed development site. The applicants, the members of the Ktunaxa Nation, challenged a provincial minister’s decision to approve the project on the basis of both a section 35 duty to consult and the right to freedom of conscience and religion enshrined in section 2(a) of the Canadian Charter of Rights and Freedoms.
Life as an Indigenous person in Canada involves a number of particular challenges that may not be shared with non-Indigenous Canadians.