Is there an Aboriginal Right to Refuse Medical Treatment? Not Quite

January 15, 2015
Blog Post
By:

The recent Ontario Court of Justice decision in Hamilton Health Sciences Corp v DH received considerable media coverage. The Court recognized that members of the Six Nations of the Grand River have a constitutionally protected Aboriginal right to practice traditional medicine. It also recognized that Six Nations members may choose this treatment for their children regardless of whether such practices are proven to work based on the ‘western medical paradigm’.

Dare to Dream 2015

January 13, 2015
Blog Post
By:

Ottawa’s Dare to Dream mock trial took place on Monday, January 12, 2015 at Rideau High School. Melinda Andrews, one of our articling students at Nelligan O’Brien Payne, participated in this year’s program as a volunteer, along with other lawyers and law students in the Ottawa area, helping students prepare for their roles in the mock trial. The program is aimed at breaking down barriers early by building relationships between Indigenous youth and the legal community.

Current Issues in Environmental Law: Part 1

December 19, 2014
Blog Post
By:

This is the first in a series of posts about recent changes to Canadian environmental legislation, and what they mean for Indigenous peoples. The past two years have seen major changes to environmental law in this country, which dramatically alter the way in which potential development is assessed in Canada.

Getting it Right when Identifying the Accused

December 11, 2014
Blog Post
By: Lanise Hayes and

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.

Federal Court Decision Impacts Terminations in Employment Law

December 4, 2014
Blog Post

In its 2013 decision, Atomic Energy of Canada Limited v. Wilson, the Federal Court of Canada confirmed employers’ right to terminate employment for economic or administrative reasons. In the event of administrative dismissal, the Court found that severance pay is the appropriate remedy.

Investing in Aboriginal Canada 2014

November 21, 2014
Blog Post

The Commons Institute Investing in Aboriginal Canada 2014 – Aboriginal Mawi’omi – conference will be taking place on December 8 and 9, 2014 at Wabano Centre, located at 299 Montreal Road in Ottawa. Lawyer Lanise Hayes will be speaking on the topic of Impact Benefit Agreements. The two day gathering will bring together Aboriginal leaders, businesses, entrepreneurs, researchers, government actors, consultants, negotiators and others for updates on matters across the full spectrum of Aboriginal affairs.