Indigenous Law Blog
Our blog provides updates on legal issues that relate to Indigenous peoples as well as Indigenous and treaty rights. Our regular posts will discuss news on self-government, treaty implementation, land claims, land use and resource development, revenue sharing, harvesting rights, residential schools claims, taxation, trusts, business and economic development, financing, construction and leasing, land transaction, employment, and more.
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Tribunals And The Crown: What Are Their Roles In The Consultation Process?

by Alex Keenan on November 30, 2016

Tribunals And The Crown: What Are Their Roles In The Consultation Process?

A 2015 decision by the Federal Court of Appeal in Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. has once again raised questions about the role of tribunals in the consultation process, as set out by the Supreme Court of Canada in Haida Nation v. British Columbia (Minister of Forests). With the case scheduled to be heard by the Supreme Court of Canada today, now is a good time to look at the decision under appeal and consider what is at stake.

Read more on Tribunals And The Crown: What Are Their Roles In The Consultation Process?

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

The Pitfalls Of Being A Landlord On Reserve

by Alex Keenan on October 25, 2016

The Pitfalls Of Being A Landlord On Reserve

If you own a home on a First Nations reserve or on territory that is subject to a treaty or self-government agreement – and you're not living in it – you may be tempted to rent it out in order to make some extra money.

Before you do, make sure you're aware of the rules that apply to residential tenancies in that territory.

Read more on The Pitfalls Of Being A Landlord On Reserve

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Own-Source Revenue

by Paul Taylor-Sussex on September 21, 2016

Own-Source Revenue

Prime Minister Justin Trudeau has been vocal about his commitment to strengthening the relationship between the government and First Nations. An important aspect of improving relations is recognising and supporting indigenous communities’ right to self-government. While funding and services from Indigenous and Northern Affairs Canada (INAC) aims to provide assistance and improve conditions for First Nations, indigenous peoples are also able to generate funds through own-source revenue.

Read more on Own-Source Revenue

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

"Sixties Scoop" Survivors Take Their Claims to Court

by Alex Keenan on September 1, 2016

In the wake of the Indian Residential Schools Settlement Agreement, which began in the courts and went on to transform the national conversation about Canada's colonial history, Indigenous peoples are turning more and more to class actions to seek redress for historical wrongs.

First, a little background: the Indian Residential Schools Settlement Agreement, or the IRSSA as it is often called, arose from a class action lawsuit against the Government of Canada and various religions organizations. Rather than take the matter to court, the government and the churches negotiated a settlement with the former residential school students who had launched the lawsuit. The settlement was approved by all parties in May 2006. 

Read more on "Sixties Scoop" Survivors Take Their Claims to Court

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Indigenous Resources Part 2: The Tungasuvvingat Inuit

by Blog Editor on August 19, 2016

Indigenous Resources Part 2: The Tungasuvvingat Inuit

Throughout Canadian history, the Inuit community has overcome the effects of colonization aimed at oppressing their cultural identity. Despite the many changes that have threatened their knowledge, languages and way of life, the Inuit have maintained themselves as distinct peoples. The path to healing and reconciliation for this community has been an ongoing process, requiring collective efforts and a variety of resources. The Tungasuvvingat Inuit acknowledges this need, and has become an important local resource providing services to the Inuit community in Ottawa and southern Ontario.

Read more on Indigenous Resources Part 2: The Tungasuvvingat Inuit

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.