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Treaties at Risk: Case Comment on Fort McKay First Nation – First Peoples Law

May 27, 2020 Despite decades of strong Indigenous voices demanding that governments honour the Treaties, and numerous court decisions supporting their calls for action, governments across Canada continue to disrespect and ignore their Treaty obligations. In Fort McKay First Nation v Prosper Petroleum Ltd., the Alberta Court of Appeal has become the most recent Canadian […]

by ahnationtalk on May 27, 20209 Views

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Point: Lawyers have a role to play in responding to climate change – CBA National

Climate change raises issues of justice and equality. Lawyers from all practice areas have a role to play in crafting a response. 26 May 2020 At the Canadian Bar Association (CBA) 2020 annual general meeting (AGM), I put forward a climate leadership motion developed with colleagues from across Canada and supported by the Aboriginal Law […]

by ahnationtalk on May 26, 202022 Views

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Canada: Accessing the Canada Emergency Wage Subsidy (“CEWS”): Extending Eligibility To Indigenous Government-owned Businesses. – Mondaq News Alerts

On April 11, 2020, the Federal Government enacted legislation for its new Canada Emergency Wage Subsidy (“CEWS”). The CEWS is a $73 billion subsidy intended to support the well-being of workers, maintain employment relationships, and reduce claims on the employment insurance regime. In particular, the CEWS is a cash subsidy paid by the Federal Government […]

by ahnationtalk on May 25, 202044 Views

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UBC: Indigenous Community Legal Clinic creates change, one file and one student at a time

Mai Eagle Speaker just wanted to care for her niece, Mya. Eagle Speaker’s sister— little Mya’s mother—was not well, gripped by addiction and the street life of Vancouver’s Downtown Eastside. Eagle Speaker thought her niece should come and live with her in Coquitlam. But Mya was in state care, living in a foster home. To […]

by ahnationtalk on May 21, 202038 Views

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Congress of Aboriginal Peoples is taking Indigenous Services Canada to court | APTN News

Credits:APTN News The Congress of Aboriginal Peoples is taking Indigenous Services Canada to federal court over what they say is inadequate and discriminatory funding for its membership. CAP’s National Chief, addressed the House of Commons Standing Committee on Indigenous and Northern Affairs. • • • APTN National News, uncovering the stories that others won’t.

by pmnationtalk on May 20, 202049 Views

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Aboriginal Law Report – First Peoples Law

Wet’suwet’en title and rights were front and centre. Landmark agreement recognizes Wet’suwet’en hereditary chiefs and sparks protests from band councils | Ricochet Wet’suwet’en hereditary leaders sign rights and title MOU with feds, province – APTN News Wet’suwet’en sign historic deal to negotiate land rights – The Guardian Signing of Wet’suwet’en agreement could land Ottawa in court […]

by ahnationtalk on May 19, 202037 Views

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Canada: Duty To Consult Requires A Potentially Material Adverse Effect – Mondaq News Alerts

On April 23, 2020, the Supreme Court of Canada dismissed, with costs, an application for leave to appeal the PEI Court of Appeal’s decision in Mi’kmaq of P.E.I. v. Province of P.E.I. et. al. (Mill River)1. Mill River, released in November 2019, offered a fresh and helpful perspective on the Crown’s duty to consult. The […]

by ahnationtalk on May 19, 202036 Views

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National Online Conversation on Indigenous Laws in Response to the COVID-19 Pandemic

ABOUT THE WEBINAR The First Nations Land Management Resource Centre is working with the Government of Canada to offer a series of National Online Conversations on Indigenous Law Enforcement. The first conversation in this webinar line-up will focus on Indigenous government responses to the COVID-19 pandemic, including laws enacted by Indigenous governments and the enforcement […]

by aanationtalk on May 15, 202033 Views

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Indigenous Lives at Risk: Prisons and COVID-19 – First Peoples Law

May 13, 2020 As provinces begin contemplating the reduction of physical distancing requirements, Indigenous communities remain on the edge of a precipice. Despite extraordinary measures, over one hundred and fifty cases of COVID-19 have been confirmed on First Nations reserves. Multiple outbreaks have been reported in federal prisons where Indigenous people are over-represented due to […]

by ahnationtalk on May 13, 202035 Views

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Canada: COVID-19 And First Nation Elections: Options For Dealing With The “Governance Gap” – Mondaq News Alerts

12 May 2020 In light of COVID-19, many First Nation communities are facing a dilemma: hold a band council election in the midst of a global pandemic and lockdown, putting their people at risk, or violate their own election rules by not holding the election and face a “governance gap.” The unique public health risk […]

by ahnationtalk on May 12, 202027 Views

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Aboriginal Law Report; May 10, 2020 – First Peoples Law

May 5th was Red Dress Day. Honouring National Day of Awareness for Missing and Murdered Indigenous Women and Girls During COVID Pandemic – UBCIC Small demonstration makes a lot of noise for Red Dress Day – Prince Albert Daily Herald Red Dress Day finds little action on violence against Indigenous women: NWAC – APTN News COVID-19 […]

by ahnationtalk on May 11, 202036 Views

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Path to reconciliation – CBA National

The CBA launches an online journey through Indigenous Canada. The Canadian Bar Association recently launched an online educational program as part of its continued commitment to respond to the 2015 Truth and Reconciliation Commission’s Calls to Action. Entitled The Path—Your Journey Through Indigenous Canada., the initiative was designed with the general public in mind, even […]

by ahnationtalk on May 11, 202035 Views

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WetsuwetenStrong in the Wake of COVID-19 – First Peoples Law

May 6, 2020 In the early months of 2020, headlines across Canada were dominated by the unfolding conflict in Wet’suwet’en territory in northern B.C. The RCMP’s forcible removal of Wet’suwet’en hereditary leaders and supporters from their ancestral lands to make way for the Coastal GasLink pipeline project sparked solidarity actions across the country, including the […]

by ahnationtalk on May 7, 202082 Views

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Wet’suwet’en Reading List – First Peoples Law

May 6, 2020 With so much media coverage of the Wet’suwet’en standoff prior to COVID-19, we thought it would be helpful to collect various articles, blog posts, interviews, case comments, and other resources in one location. We hope it will be a useful tool for anyone wanting to learn more about the situation in Wet’suwet’en […]

by ahnationtalk on May 6, 202044 Views

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OKT is once again “most frequently recommended” for Aboriginal Law in Lexpert rankings – OKT

OKT is proud to be recognized once again by Lexpert magazine as a national leader in the practice of Aboriginal law. Lexpert conducts extensive surveys of other lawyers to make a list of recommended lawyers in a particular field. Based on this survey, Lexpert ranked OKT as a “most frequently recommended” Toronto law firm for […]

by ahnationtalk on May 6, 202032 Views

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Equality, diversity requirements for lawyers in Ontario | Amrita Tamber – The Lawyer’s Daily

May 05, 2020 It has been a slow road, but over the past few years the legal profession has started to make small strides towards greater inclusivity. Although women and minorities comprise a growing number of legal professionals, they still remain significantly under-represented in senior leadership roles. In recent years, the statistics show that 43 […]

by ahnationtalk on May 5, 202030 Views

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Aboriginal Law Report – First People’s Law

May 3, 2020 By Bruce McIvor This week’s edition includes COVID-19, the Wet’suwet’en standoff, Treaty rights, Aboriginal title, child welfare, food security, injunctions, and more. In the News COVID-19 continues to top the agenda. On-reserve COVID-19 case rates approaching ‘watershed moment,’ says Indigenous Services top doctor | CBC News First Nations doctors speak out on […]

by ahnationtalk on May 4, 202043 Views

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IBA’s 32nd Annual Fall Conference

Dear Members of the Indigenous Bar Association in Canada and Esteemed IPCs, RE: IBA’s 32nd Annual Fall Conference I am writing in my capacity as the President of the Indigenous Bar Association in Canada (the “IBA”) with respect to our 32nd Annual Fall Conference scheduled for October 8, 9 and 10, 2020 in Edmonton, Alberta. […]

by ahnationtalk on May 4, 202057 Views

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Support for Indigenous governance – CBA National

Governance gap, self-isolation key COVID-19 issues for Indigenous Peoples Since COVID-19 began we’ve seen questions raised south of the border about how to deal with the democratic process of elections – specifically voting – while maintaining social distancing measures. What many Canadians might not realize is that it is also an issue for band elections […]

by ahnationtalk on May 4, 202041 Views

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OKT: What First Nations Need to Know About Elections During the COVID-19 Emergency

Elections in a Time of EmergencyDuring the COVID-19 pandemic, First Nations’ stable governance is vital for ensuring community health and safety. For many First Nations with elections scheduled during the pandemic, the elections could place too much stress on already strained community resources, and could seriously destabilize the First Nation’s ability to respond to the […]

by ahnationtalk on May 1, 2020112 Views

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Canada: The Indigenous Community Support Fund And Other Covid-19 Assistance For Indigenous Governments – Mondaq News Alerts

In recent weeks, the Federal Government has announced numerous support programs to assist Canadians in dealing with the health and economic impacts of COVID-19. Special supports for Indigenous governments were announced early on, but the details of those supports were only recently made fully available. Introduction There are two key aspects of the assistance plan. […]

by ahnationtalk on April 29, 202057 Views

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Canada: Economic Resources For Indigenous Communities Businesses & Individuals – Mondaq News Alerts

In response to the COVID-19 pandemic, both the Federal and British Columbia Provincial governments have announced various economic relief initiatives meant to address financial impacts of the pandemic. Details for a number of the announced relief initiatives are limited; however, they will address an array of issues and may be applicable to individuals, businesses or […]

by ahnationtalk on April 28, 202046 Views

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Public interest organizations file challenge against Toronto to address COVID-19 shelter crisis – Law Times

At least 135 people staying in the City’s shelters and respite sites confirmed to be infected In light of the spread of COVID-19 in the shelter system, a coalition of public interest organizations and legal aid clinics have initiated a constitutional and human rights challenge against the City of Toronto. The applicant organizations — Aboriginal […]

by ahnationtalk on April 28, 202043 Views

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Aboriginal Law Report – First Peoples Law

The COVID-19 pandemic remains front and centre. COVID-19 risk to Indigenous communities will rise when provinces ease lockdowns, says federal official | CBC News Indigenous Services explains how $306M business aid package will be distributed – APTN News ‘Disrespectful’: Urban Indigenous population feels short-changed by federal COVID-19 response | CBC News Under cover of COVID-19, […]

by ahnationtalk on April 27, 202045 Views

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Under cover of COVID-19, rule of law falters | Pamela Palmater – The Lawyer’s Daily

April 23, 2020 Just before the COVID-19 pandemic hit Canada, Indigenous peoples and allies were engaged in nationwide solidarity actions in support of the Wet’suwet’en Nation, its traditional leaders and clan members. Their actions were in response to RCMP removing Wet’suwet’en peoples from their homes to allow construction of Coastal Gaslink pipeline on their territory […]

by ahnationtalk on April 23, 202043 Views

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The Path: Your Journey Through Indigenous Canada

‘When you know better, you can do better’ is the CBA’s philosophy in responding to the Calls to Action from the Truth and Reconciliation Commission. The CBA’s newest initiative in meeting that commitment is The Path – Your Journey Through Indigenous Canada. Launching in April 2020, this educational program seeks to increase awareness of the […]

by ahnationtalk on April 22, 202062 Views

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Aboriginal Legal Services: COVID -19 and Outbreaks in Toronto’s Shelter System

Read: Aboriginal Legal Servicves: COVID -19 and Outbreaks in Toronto’s Shelter System NT5

by aanationtalk on April 22, 202044 Views

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Canada: Temporary Layoffs During COVID-19 — Key Considerations For First Nation Employers – Mondaq News

As provinces proceed to shut down non-essential services in response to the COVID-19 pandemic, First Nation employers in Canada are facing difficult decisions regarding their workforce, including the difficult decision to temporarily lay off workers. This blog discusses the key statutory considerations that First Nation employers located in Alberta, British Columbia, Saskatchewan and Manitoba should […]

by ahnationtalk on April 21, 202070 Views

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Q&A with Jennifer Koshan – CBA National

The University of Calgary law professor on Canada’s patchwork of laws addressing domestic violence. Jennifer Koshan is the winner of the CBA’s 2020 Ramon John Hnatyshyn Award for her ground-breaking contributions to law reform in the areas of civil remedies for victims of sexual assault. CBA National caught up with the University of Calgary law […]

by ahnationtalk on April 21, 202034 Views

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Aboriginal Law Report – First Peoples Law

April 19, 2020 COVID-19 continues to top the headlines. North Saskatchewan communities set up Covid-19 command centre due to government ‘negligence’ – APTN News Better PPE needed for the North as residents await COVID-19 test results – Star Phoenix ‘It’s unprecedented:’ Manitoba First Nation going ahead with band election – National Post Northern Manitoba chiefs voice support […]

by ahnationtalk on April 20, 202046 Views

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How Jordan’s Principle Can Help Support First Nations and Inuit Children Through COVID-19 & Beyond – OKT

How Can Jordan’s Principle Help First Nations and Inuit Children? Jordan’s Principle is a legal principle that is named after Jordan River Anderson, a First Nations child who suffered unnecessarily due to government neglect. Jordan’s Principle aims to ensure First Nations and Inuit children can access services in a way that is reflective of their […]

by ahnationtalk on April 16, 202098 Views

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Exercising Indigenous Jurisdiction Amidst the COVID-19 Pandemic – First Peoples Law

April 16, 2020 Individuals and communities around the globe have been impacted by the COVID-19 pandemic. As federal and provincial governments introduce emergency measures in response to the evolving situation, the actions being taken often fail to take into consideration the unique vulnerabilities of Indigenous communities. As a result, Indigenous governments are acting to safeguard […]

by ahnationtalk on April 16, 202066 Views

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A round-up of the Canadian Bar Review – CBA National

Here’s a quick peek at the latest from legal scholarship on emerging issues in law. Predictive coding and litigation privilege Gideon Christian of the University of Calgary examines how predictive coding and artificial intelligence (AI) technology can effectively complement the work of lawyers in e-discovery and civil litigation. He discusses whether AI technology in document […]

by ahnationtalk on April 16, 202054 Views

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The Indigenous Bar Association Calls For An Inquiry Into The Death Of 16-Year-Old Indigenous Girl Shot And Killed By Winnipeg Police

THE INDIGENOUS BAR ASSOCIATION CALLS FOR AN INQUIRY INTO THE DEATH OF 16-YEAR-OLD INDIGENOUS GIRL SHOT AND KILLED BY WINNIPEG POLICE OTTAWA, ON – The Indigenous Bar Association (“IBA”) expresses profound outrage and dismay at the disproportionate use of force by a member of the Winnipeg Police Service (“WPS”) who shot and killed Eishia Hudson, […]

by pmnationtalk on April 16, 2020173 Views

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Solving the Indian Act by-law enforcement issue: Prosecution of Indian Act by-laws – OKT

As the COVID-19 crisis unfolds, intense fears and anxieties are being felt in First Nations communities across the country, as well as in other Indigenous communities. For many First Nations, the one clear Canadian legislative tool they have to control and restrict movement onto their reserves – Indian Act by-laws – is broken. Most of […]

by ahnationtalk on April 14, 202044 Views

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Aboriginal Law Report – First Peoples Law

COVID-19 remains front and centre. Several First Nations grapple with confirmed COVID-19 cases, press government for help – Globe and Mail Coronavirus outbreak: Minister confirms 40 cases in First Nations communities on reserve, 5 in Nunavik | Global News ‘Lives could be lost’; Chief of Eabametoong FN ‘disappointed’ in government response to COVID-19 case | CBC News […]

by ahnationtalk on April 14, 202065 Views

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Indigenous Bar Association Challenges Premier’s Understanding Of Law

INDIGENOUS BAR ASSOCIATION CHALLENGES PREMIER’S UNDERSTANDING OF LAW April 10, 2020 By Alexandria Winterburn, Member-at-large and Brooks Arcand-Paul, Vice President Premier Brian Pallister’s response to the proposed federal legislation on the United Nations Declaration on the Rights of Indigenous Peoples (“UN Declaration”) implies Premier Pallister has a callow and concerning understanding of Aboriginal and Treaty […]

by pmnationtalk on April 14, 2020166 Views

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Indigenous Peoples and COVID-19: Protecting People, Protecting Rights – First People’s Law

April 8, 2020 The past month has brought sweeping, unprecedented change as individuals, communities and nations around the world struggle to deal with the COVID-19 pandemic. Efforts to contain the virus include significantly increased government powers and corresponding limits on civil liberties, as well as disruptions to individuals’ ability to work, socialize and care for […]

by ahnationtalk on April 8, 202065 Views

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OKT: Can my Indigenous Government or Organization Use the New COVID-19-related Federal Programs for Employment and Unemployment?

In the wake of COVID-19, a lot is going on. Many Indigenous governments and organizations are struggling to deal with this public health emergency, such as putting travel restrictions in place, circulating public health information, and figuring out how health and other essential services will be delivered. They are also employers. The shutdown or reduced […]

by ahnationtalk on April 6, 2020109 Views

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Aboriginal Law Report – First People’s Law

April 5, 2020 In the News COVID-19 continues to top the headlines. COVID-19 cases in First Nations spur leaders to call for field hospitals | CBC News Military ready to respond to outbreak of COVID-19 in isolated Indigenous and northern communities – Globe and Mail First Nations rise to challenge as pandemic legacy looms – Times Colonist […]

by ahnationtalk on April 6, 202047 Views

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First Peoples Law Reading List – First Peoples Law

During this time of social distancing, I thought it would be helpful to share an updated First Peoples Law reading list for anyone looking to learn more about Aboriginal law and Indigenous rights in Canada. It is a work in progress, not a comprehensive list. I would welcome any feedback or additional reading recommendations. The […]

by ahnationtalk on March 31, 202066 Views

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Worldwide: Squaring The Circle – Indigenous Intellectual Property And The Canadian Trademark System – Mondaq

30 March 2020 Indigenous peoples, from time immemorial, have been creating and developing original marks in relation to their respective cultures, social orders, economies, and legal traditions. With property ownership in many Indigenous communities usually contemplated within a shared system, possible gaps arise in Western legal intellectual property frameworks, as these are often derivatives of […]

by ahnationtalk on March 31, 202060 Views

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Canada: COVID-19: Resources For Indigenous Governments, Organizations, Businesses And Individuals – Mondaq

The spread of COVID-19 (or the “coronavirus”) has caused major disruptions across Canada, and we are only beginning to understand the ripple effect the virus will have on our organizations and economies. For First Nations, Métis and Inuit organizations, the impacts will be far-reaching, and many of those impacts will be different than those experienced […]

by ahnationtalk on March 30, 202073 Views

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Aboriginal Law Report – First Peoples Law

In the News COVID-19 remains front and centre. Assembly of First Nations Declares State of Emergency on COVID-19 Pandemic | AFN First Nations can now delay elections during COVID-19 pandemic, says federal minister | CBC News First Nation elections pose significant health risk – The Lawyer’s Daily Kashechewan asks PM to send in military as flood […]

by ahnationtalk on March 30, 202056 Views

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Reaching out – CBA National

A look at initiatives – old and new – to increase diversity in Canadian law schools. Law school is a major life decision for most young people. Role models in one’s community can help to inform the process. Formally launched in January, Black Future Lawyers is a shared initiative of the University of Toronto Faculty […]

by ahnationtalk on March 26, 2020107 Views

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Aboriginal Law Report – First Peoples Law

March 22, 2020 COVID-19 remains front and centre. ‘We just can’t afford to let the virus enter’: feds acknowledge need to protect Indigenous communities but details remain sparse – APTN News First Nations close borders over coronavirus, using ‘isolation as a strength’ – Globe and Mail Canada Must Implement Clearer, Stronger Measures to Protect First Nations […]

by ahnationtalk on March 23, 202067 Views

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Indigenous needs during pandemic demand culturally culturally competent response | Naomi Sayers – The Lawyer’s Daily

March 20, 2020 In May 2019, the final report of the national inquiry into the missing and murdered Indigenous women, girls and two-spirit people was leaked to the media. The final report contained 231 calls for justice, which are described as “legal imperatives”. Some of those calls for justice highlight health and wellness, and Indigenous […]

by ahnationtalk on March 20, 202094 Views

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Aboriginal Legal Services: COVID-19 Update – Our office will be closed to the public until further Notice

In response to the latest recommendations from health officials to slow the spread of COVID-19  ALS will be transitioning to a remote work environment. Effective Tuesday March 17, 2020 our offices will be closed to the public until further notice. ALS will; Continue to serve clients but will do so as much as possible via […]

by ahnationtalk on March 18, 202073 Views

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Aboriginal Law Report – First People’s Law

This week’s edition includes Treaty rights, UNDRIP, COVID-19, cross-border rights, Indigenous law, day schools, the duty to consult, and more. In the News The Muskrat Falls inquiry released its final report in Newfoundland and Labrador. Inquiry finds environment of ‘mistrust’ after lack of Indigenous consultations for Muskrat Falls project – APTN News Scathing Muskrat Falls […]

by ahnationtalk on March 16, 2020128 Views

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Message to our clients on OKT LLP’s response to COVID-19

In response to the global coronavirus (COVID-19) pandemic, OKT wants to share information about the steps we are taking to protect the health and safety of our First Nation and Inuit clients, as well as our staff and their families. All operations in OKT’s Toronto and Yellowknife offices continue uninterrupted. Our focus, as always, is […]

by ahnationtalk on March 13, 202068 Views

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