Indigenous Insights

Image for First Nation Hunters Lose Appeal to Overturn Wildlife Act Conviction

First Nation Hunters Lose Appeal to Overturn Wildlife Act Conviction

Insight

Published: December 9, 2022

Authors: Jodi Hancheroff, Josh Morrison, Sonia Eggerman

Categories: Indigenous

Three Treaty Indians who were convicted of contravening the Wildlife Act for recovering a moose from land they did not have a legal right to access have had their appeal… Read More

Image for Case Before SK Appeal Court May Impact Harvesting Rights of Every ‘Indian’ in Canada

Case Before SK Appeal Court May Impact Harvesting Rights of Every ‘Indian’ in Canada

Insight

Published: August 29, 2022

Authors: Sonia Eggerman, Josh Morrison, Dexter Bricker

Categories: Indigenous

The Saskatchewan Court of Appeal has re-opened the possibility that Indians from outside of Saskatchewan can exercise harvesting rights under the terms of treaty and the provisions of the National… Read More

Image for Protecting Indigenous Traditional Knowledge Through Trademarks

Protecting Indigenous Traditional Knowledge Through Trademarks

Insight

Published: June 17, 2022

Author: Lorraine Pinsent

Categories: General, Indigenous, Trademarks

Authors: Adam Lakusta, Lorraine Pinsent Despite Canada’s intellectual property (IP) laws failing to provide protections specifically for Indigenous peoples’ traditional knowledge, there are a number of ways traditional knowledge can be protected –… Read More

Image for SK Court of Appeal Hears Métis Right to Harvest Case

SK Court of Appeal Hears Métis Right to Harvest Case

Insight

Published: June 13, 2022

Authors: Josh Morrison, Sonia Eggerman, Jodi Hancheroff

Categories: Indigenous

For the first time, the Saskatchewan Court of Appeal considered the extent to which the Métis can claim a right to hunt and fish for food under Section 35(1) of… Read More

Image for Top Court Provides Guidance on Advance Costs Awards for Indigenous Rights Litigation

Top Court Provides Guidance on Advance Costs Awards for Indigenous Rights Litigation

Insight

Published: March 28, 2022

Authors: Drew Lafond, Meaghan Conroy, Jianna Rieder

Categories: Indigenous

First Nations – not the Courts or the Crown – are best positioned to determine the pressing needs of their communities, according to a recent Supreme Court of Canada decision… Read More

Appeal Court Rules Indigenous Peoples Have a Constitutionally Protected Right of Self-Government Over Child and Family Services

Insight

Published: February 28, 2022

Authors: Drew Lafond, Sydney Thomson

Categories: Indigenous

Authors: Drew Lafond, Sydney Thomson, Esha Saxena A recent Quebec Court of Appeal decision has affirmed the constitutionality of Indigenous peoples’ right to self-government over child and family services, and may signal a trend… Read More

B.C. Supreme Court Decision Signals Growing Recognition of Aboriginal Rights

Insight

Published: January 17, 2022

Authors: Meaghan Conroy, Sonia Eggerman

Categories: Indigenous

A recent decision from the Supreme Court of British Columbia confirms that First Nations can sue industry licensees for damages flowing from interference with their Aboriginal rights. In Thomas and Saik’uz… Read More

Image for AB Court of Appeal Encourages Economic Activity on Reserves

AB Court of Appeal Encourages Economic Activity on Reserves

Insight

Published: November 26, 2021

Authors: Meaghan Conroy, Jessica Buhler

Categories: Indigenous

Authors: Meaghan Conroy, Jessica Buhler, Kylee Wilyman A recent Alberta Court of Appeal decision has important implications for both Indigenous communities and utility providers, particularly those looking to form partnerships. In AltaLink Management Ltd v… Read More

Image for Indigenous Perspective on Treaty Adopted by Ontario Court of Appeal

Indigenous Perspective on Treaty Adopted by Ontario Court of Appeal

Insight

Published: November 17, 2021

Author: Sonia Eggerman

Categories: Indigenous

In Restoule v Canada (Attorney General), a majority of the Ontario Court of Appeal upheld a landmark decision finding that the Crown was obliged to increase annuity payments to signatories… Read More

Image for Supreme Court Provides Guidance on First Nation Flooding Compensation

Supreme Court Provides Guidance on First Nation Flooding Compensation

Insight

Published: July 20, 2021

Authors: Meaghan Conroy, Rangi Jeerakathil, Jessica Buhler

Categories: Indigenous

On July 16, 2021, the Supreme Court of Canada released its decision in Southwind v Canada. This decision has important implications for the compensation owing to First Nations for flooding… Read More