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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Daniels: What Does It Mean?

by Lanise Hayes on June 30, 2016

Daniels: What Does It Mean?

When the Supreme Court of Canada issued its decision in Daniels v. Canada (Indian Affairs and Northern Development), it changed the landscape of Indigenous rights. This decision impacts provincial and federal governments, industry and non-status Indian and Metis communities. More importantly, governments will have to rethink their policies and way of doing business, or not doing business, with non-status Indians and Metis peoples.

Read more on Daniels: What Does It Mean?

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 UN Declaration on the Rights of Indigenous Peoples: A New Era for Canada?

by Alex Keenan on June 16, 2016

The UN Declaration on the Rights of Indigenous Peoples: A New Era for Canada?

It has taken a long time for international law to recognize the rights of Indigenous peoples, and even longer for Canada to get on board. But with the Canadian government recently promising to implement the United Nations Declaration on the Rights of Indigenous Peoples, and Cree Member of Parliament Romeo Saganash introducing an historic bill in the House of Commons, we have arrived at a potentially pivotal moment for Indigenous rights.

Read more on The UN Declaration on the Rights of Indigenous Peoples: A New Era for Canada?

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 Language Education: Is it an Aboriginal Right?

by Alex Keenan on May 10, 2016

Indigenous Language Education: Is it an Aboriginal Right?

Canada’s Indigenous languages are in danger of disappearing. The Truth and Reconciliation Commission has urged the government to make Indigenous language education a priority so that these traditions can be carried on into future generations.

The problem is rooted in Canada’s history of residential schools, where the government intentionally tried to stamp out Indigenous cultures and languages through  a policy of assimilation. As a result, many former students have lost, to one degree or another, the ability to speak and understand their own languages. Communities are now trying to make sure that their languages are taught to the younger generations before the knowledge is lost forever.

Read more on Indigenous Language Education: Is it an Aboriginal Right?

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.

Supreme Court expands definition of "Indians"

by Blog Editor on April 29, 2016

Supreme Court expands definition of

Are Métis and non-status Indians considered to be “Indians” under s. 91(24) of the Constitution Act, 1867?

Henry Daniels asked the courts this question in 1999, and 17 years later, the Supreme Court of Canada gave him an answer: “Yes”.

On April 14, 2016, the Supreme Court of Canada released its decision in Daniels v. Canada (Indian Affairs and Northern Development). Though Henry Daniels was no longer alive to hear it, his son Gabriel Daniels was present at the Supreme Court to celebrate his father’s long-fought success.

Read more on Supreme Court expands definition of "Indians"

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 1: the Odawa Native Friendship Centre

by Blog Editor on February 23, 2016

Indigenous Resources Part 1: the Odawa Native Friendship Centre

Nelligan O’Brien Payne’s Indigenous law group serves First Nation and Inuit organizations on issues that are of major importance to Indigenous Communities.

Supporting the Indigenous community is a collective effort and involves a variety of resources.

Our group recognizes the value of the work done at the community level and would like to highlight community-based organizations that promote the enhancement of Indigenous rights and values. Below is one example of an important local resource that provides services to the Indigenous community.

Read more on Indigenous Resources Part 1: the Odawa Native Friendship Centre

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.