Articles exploring legal issues that shape our work. Recent news and stories
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Consultation and Accommodation Update
The duty to consult articulated by the Supreme Court of Canada in Haida Nation v. British Columbia in 2004 continues to play an important and prevalent role in the process of Crown-First Nations reconciliation. This paper discusses the state of the law of consultation in 2013.
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Reconciliation Through Litigation
As this paper suggests, litigation has played and will continue to play an essential role in achieving reconciliation by more clearly defining rights in difficult areas and advancing negotiations on important issues that might otherwise be irreconcilable. In fact, litigation and negotiation can intersect very comfortably with one another and lay groundwork for achieving reconciliation.
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The Aboriginal right to sell fish: Ahousaht Nation et al v Canada
On November 3, 2009, the B.C. Supreme Court released its judgment in Ahousaht Nation v. Canada. Madam Justice Garson (now J.A.) concluded that all five Nuu-chah-nulth plaintiffs have aboriginal rights to fish in their traditional territories and sell that fish into the commercial marketplace.
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Achieving cultural security and continuity. R. v Sappier and the refined Van der Peet test
Through a framework developed in R. v. Marshall; R. v. Bernard, and R. v. Sappier the Court has set an analytical framework that focuses on the modernization of aboriginal rights with the objective of making them relevant and meaningful in a modern economy.