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Canada’s Laws Must Respect First Nations Rights: AFN National Chief Perry Bellegarde on Supreme Court of Canada Decision on Mikisew

Canada’s Laws Must Respect First Nations Rights: AFN National Chief Perry Bellegarde on Supreme Court of Canada Decision on Mikisew October 19, 2018 (Ottawa, ON) – Following today’s decision by the Supreme Court of Canada regarding Mikisew Cree First Nation stating that the federal government does not need to consult with First Nations prior to […]

by ahnationtalk on October 19, 201821 Views

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Supreme Court ruling shows need for more Indigenous Parliamentarians and judges, says lawyer – CBC

‘They’re a few voices calling out loud and strong surrounded by hundreds,’ says Bruce McIvor Oct 17, 2018 Following a Supreme Court ruling that there is no duty to consult Indigenous Peoples in drafting legislation, some officials say more Inuit, Métis and First Nations representation is needed on Parliament Hill. “Because there isn’t the proper […]

by ahnationtalk on October 17, 201815 Views

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Family mediation helps separating couples divorce amicably, save time and money

TORONTO, ON – OCTOBER 16, 2018 – Many Ontarians are turning to family mediation, family arbitration, and the hybrid med-arb—all forms of Alternative Dispute Resolution (ADR)—to settle their separations and divorces. Factors driving this are: clogged family courts across many parts of Ontario; the high cost of hiring family lawyers; and the perils of navigating family court as […]

by pmnationtalk on October 16, 201820 Views

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Change of Direction Required-Case Comment on Mikisew – NetNewsLedger

16 October 2018 Last week the Supreme Court of Canada released its much-awaited decision in Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40. The Court held that the Crown’s duty to consult Indigenous Peoples prior to decisions which could affect their Aboriginal and Treaty rights does not extend to the […]

by ahnationtalk on October 16, 201822 Views

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Aboriginal Law Report October 14, 2018 – First People’s Law

October 14, 2018 In this week’s update: disappointment with the Supreme Court, an attempted reboot for comprehensive claims, Indigenous laws, the 60’s Scoop, the first instalment of our case law review for 2018 and much more. In the News The federal government is touting a new agreement under the BC Treaty Process as a reboot […]

by ahnationtalk on October 15, 201826 Views

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Hunting and Trapping – Offences and penalties – Hunting with light at night – The Lawyer’s Daily

October 15, 2018 Appeal by the defendants, Paul and Francis, from an appellate decision affirming a conviction under the Wildlife Act. The defendants were Mi’kmaq members of the Eskasoni First Nation with a constitutionally affirmed aboriginal right to hunt for food. They were arrested for hunting for moose at night with the assistance of their […]

by ahnationtalk on October 15, 201831 Views

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Canadian First Nation former chief calls Supreme Court decision ‘a bunch of BS’

Credits: Global News Former Mikisew Cree First Nation chief Steve Courtoreille said Thursday that the Supreme Court of Canada decision that the government does not need to consult Indigenous groups when making laws “a bunch of BS” and that the justice system had failed First Nations once again. He said consultation with Indigenous groups is […]

by ahnationtalk on October 11, 201875 Views

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SCOC-Duty-To-Consult – Audio Clip NAT066 – CP

Source: The Canadian Press – Audio Oct 11, 2018 10:44 066 – (SCOC-Duty-To-Consult) MP3 Audio: http://audio.cp.org/productionaudio/audio/2018/10/11/cp201810110079-1.mp3 UNDATED. x–35s. (Ken Trimble) The Supreme Court of Canada says federal ministers do not have a duty to consult Indigenous groups when drafting legislation. (SOURCE:The Canadian Press)

by ahnationtalk on October 11, 201827 Views

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Backlash erupts over misconduct finding for judge who took on law school post – CP

Source: The Canadian Press Oct 10, 2018  By Colin Perkel THE CANADIAN PRESS A growing backlash has erupted over a finding that a respected judge engaged in misconduct by accepting a temporary position as dean of a northern Ontario university’s Indigenous law school. In a letter to the Canadian Judicial Council on Wednesday, Sen. Murray Sinclair said […]

by ahnationtalk on October 11, 201825 Views

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Indigenous community courts key to stemming over incarceration, says EagleWoman – The Lawyer’s Daily

October 10, 2018 Over incarceration of Indigenous peoples and the parallel child welfare crisis are major justice concerns across Canada, but Angelique EagleWoman, a visiting professor at the Mitchell Hamline School of Law in Minnesota, believes these issues can be stemmed through the establishment of Indigenous community courts. EagleWoman, who became well known as the […]

by ahnationtalk on October 10, 201843 Views

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This week at the SCC – Canadian Lawyer

October 9, 2018 The Supreme Court of Canada will hear three appeals this week, its first of the fall session. The first two appeals involve charges of sexual assault against Indigenous persons, while the third concerns an alleged Charter breach in a search-and-seizure case. Civil procedure, class actions: While a student at an Indian residential […]

by ahnationtalk on October 9, 201839 Views

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Wrongful Conviction Day reception sheds light on shortcomings of criminal justice system – The Lawyer’s Daily

October 09, 2018 A T-shirt boldly printed with the word “INNOCENT” was held high to a rousing round of applause by O’Neil Blackett, Innocence Canada’s most recently exonerated client, at the start of the Fifth International Wrongful Conviction Day reception. Blackett, who was wrongfully convicted of killing a 13-month-old girl that was in his care, […]

by ahnationtalk on October 9, 201848 Views

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B.C. appoints four new provincial court judges

Oct. 5, 2018 VICTORIA – The Government of British Columbia is appointing four new provincial court judges to increase access to justice for British Columbians. The additional appointments will be assigned to Surrey, providing support for an increased workload arising from the $33.5-million Surrey Courthouse expansion. They include: Judge David Albert (effective Oct. 25, 2018) […]

by ahnationtalk on October 5, 201852 Views

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UVic — Indigenous Law Today and Tomorrow with John Borrows and Val Napoleon

Credits: UVic The historic launch of the world’s first Indigenous law degree, included this free public lecture at UVic by program’s co-creators Val Napoleon and John Borrows—two of Canada’s foremost Indigenous legal experts. In “Indigenous law: Today and tomorrow,” Borrows explored the lessons learned from Salish law drawn from the land (from 34:10) and Napoleon […]

by ahnationtalk on October 4, 2018109 Views

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Ex-Supreme Court justice’s writings on Indigenous consultation could offer clues to approach in Trans Mountain re-do – Calgary Herald

Frank Iacobucci has argued that Canada’s relationship with Indigenous peoples has been marked by ‘a lack of respect and trust,’ which must be earned back October 3, 2018 EDMONTON — Frank Iacobucci, the former Supreme Court justice whom the federal government tapped Wednesday to re-do the consultation with First Nations on the Trans Mountain pipeline […]

by ahnationtalk on October 4, 201849 Views

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First Nations divided by growth in illegal marijuana sellers – London Free Press

October 3, 2018 ONEIDA — Recreational cannabis is being legalized in just two week, but illegal pot shops keep popping up in Ontario Indigenous communities, including one shop near London linked to a former band chief. The explosion of illegal marijuana dispensaries is a divisive issue in aboriginal communities. Operators say the outlets, whose customers […]

by ahnationtalk on October 3, 201832 Views

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Reconciliation with the Métis: The time is here – Canadian Lawyer

Five years ago, I wrote an article for Canadian Lawyer, Reconciliation with the Métis: The Time Has Come. On Sept. 22, the joint announcement made by Canada and the Manitoba Metis Federation, may finally signal that the time is now. This announcement included a commitment from Canada to transfer $154.3 million to the MMF to […]

by ahnationtalk on October 1, 201831 Views

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“Words that are lasting” – Queen’s Gazette

September 28, 2018 The Faculty of Law has unveiled a permanent art installation in their lobby, paying tribute to Indigenous Peoples. Every time students, faculty, staff, and visitors enter the Faculty of Law building, they will be met with a reminder of the original inhabitants of the land on which Queen’s sits. This spring, the […]

by aanationtalk on September 29, 201830 Views

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Renowned Indigenous leader receives honorary LLD from Law Society of Ontario

TORONTO, ON — The Law Society of Ontario presented a degree of Doctor of Laws, honoris causa (LLD), to the Honorable Senator Murray Sinclair at its Call to the Bar ceremony on September 28, 2018 at Roy Thomson Hall in Toronto. As part of its Call ceremonies each year, the Law Society awards honorary doctorates […]

by ahnationtalk on September 28, 201876 Views

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B.C. government pledging to use results of Indigenous justice summit to inform action plan – The Lawyer’s Daily

September 27, 2018 The B.C. government says it will use a report arising from a summit on Indigenous justice to help guide its strategy as it works toward a plan to make improvements in the way that the justice system interacts with First Nations and Métis peoples in the province. The report, detailing the findings […]

by ahnationtalk on September 27, 201837 Views

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UVic launches Indigenous law degree program

Credits: UVic The launch of the University of Victoria’s new joint degree program in Indigenous and non-Indigenous law—the world’s first—welcomed the first cohort of 26 students and acknowledged the program as a far-reaching response to the Truth and Reconciliation Commission. The ceremony (Sept. 25, 2018) in First Peoples House included Susan Breau, dean of law, […]

by ahnationtalk on September 26, 2018141 Views

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U of Victoria: Elders, national and provincial leaders, students and scholars launch historic Indigenous law degree

The historic launch today of the world’s first law degree to combine the study of Indigenous and non-Indigenous law welcomed the first cohort of 26 students from across Canada and acknowledged the efforts to establish the far-reaching response to Canada’s Truth and Reconciliation Commission. The new law program at the University of Victoria will help […]

by ahnationtalk on September 26, 201834 Views

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Blatchford: Ontario judge facing censure for taking an Aboriginal’s job at university – Ottawa Citizen

The fact that Judge Patrick Smith is in danger of removal is a sobering illustration of the ‘no good deed goes unpunished’ saying September 26, 2018 An Ontario Superior Court judge is facing removal from the bench basically because he’s not Indigenous. That’s the crux of a recent move by the Canadian Judicial Council to […]

by ahnationtalk on September 26, 2018142 Views

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Media Advisory – Senator Sinclair to receive honorary LLD at September 28 Call to Bar ceremony

TORONTO, Sept. 25, 2018 – The Law Society of Ontario will present a degree of Doctor of Laws, honoris causa (LLD), to The Honourable Senator Murray Sinclair at its Call to the Bar ceremony in Toronto on September 28, 2018. The Law Society presents honorary doctorates to distinguished people in recognition of outstanding achievements in […]

by pmnationtalk on September 26, 201856 Views

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Seek compromise with U.S. on cannabis at border, lawyers urge Ottawa – CP

Source: The Canadian Press Sep 18, 2018  By James McCarten THE CANADIAN PRESS WASHINGTON _ Canadians who take part in the legal cannabis industry find themselves facing deep potholes on the road to entering the United States _ and immigration lawyers who specialize in border issues say the federal government needs to help them navigate a way […]

by ahnationtalk on September 18, 201864 Views

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It’s up to Indigenous, environmental groups to protect public interest – Pamela Palmater – The Lawyer’s Daily

September 17, 2018 Despite objections from some of the Indigenous groups about the consultation process, the Federal Court of Appeal (in Tsleil-Waututh Nation et al. v. Canada (Attorney General) 2018 FCA 153) held that Canada acted in good faith and that the consultation framework it used was appropriate. This was a four-phase process which was […]

by ahnationtalk on September 17, 201851 Views

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$75 Million For Lawyers – Blacklock’s Reporter

September 13, 2018 A federal judge has approved $12.5 million payments to three law firms involved in a class action lawsuit over forced adoption of Indigenous children. Payments of all legal fees are budgeted at $75 million by the Government of Canada: “There has been no explanation.” Read More: https://www.blacklocks.ca/75-million-for-lawyers/

by ahnationtalk on September 13, 201888 Views

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Indigenous man arguing traditional laws trump Ontario legislation in child support case – The Lawyer’s Daily

September 13, 2018 The Ontario Court of Appeal is grappling with a request by a First Nations man to allow a dispute over child support to be determined by traditional Indigenous laws rather than the laws of the province. In an appeal heard before the court Sept. 11, Kenneth Hill, a Haudenosaunee man who lives […]

by ahnationtalk on September 13, 201848 Views

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Aboriginal Lands – Duties of the Crown – Consultation and accommodation – The Lawyer’s Daily

September 12, 2018 Motion by the plaintiffs Aroland First Nation and Ginoogaming First Nation for partial summary judgment. The First Nations were seeking a declaration that the Crown’s duty to consult was triggered in the circumstances of this case. They were seeking the recognition of a duty to consult in relation to ongoing invasive testing […]

by ahnationtalk on September 12, 201843 Views

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CBA launches Truth and Reconciliation Task Force – The Lawyer’s Daily

September 11, 2018 The Canadian Bar Association (CBA) has created a task force to respond to the Truth and Reconciliation Commission of Canada’s (TRC) Calls to Action and establish “a mutually respectful relationship between Indigenous and non-Indigenous peoples in Canada.” The Truth and Reconciliation Task Force is made up of CBA members from across Canada […]

by ahnationtalk on September 11, 201853 Views

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CBA Truth and Reconciliation Task Force Named

Nearly 100 members answered the call this summer for candidates to sit on the Truth and Reconciliation Task Force created to develop CBA responses to the TRC’s Calls to Action that will help establish and maintain a mutually respectful relationship between Indigenous and non-Indigenous peoples in Canada. Outgoing CBA President Kerry Simmons, Q.C., will co-chair […]

by pmnationtalk on September 11, 201854 Views

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The rise of Aboriginal law – University Affairs

SEP 05 2018 Canada’s law schools are revamping their programs and curricula to respond to what one law dean calls “the most significant shift in the Canadian legal landscape in our lifetimes.” When Keith Bergner attended law school at McGill University in the mid-1990s, Aboriginal law was little more than a vague concept flickering on […]

by ahnationtalk on September 5, 201853 Views

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UNB law graduate named one of Canada’s top legal influencers

September 04, 2018 UNB law graduate Tom Isaac (LLB ’90) has had a profound effect on Canada’s legal landscape. Mr. Isaac, a partner with Vancouver law firm Cassels Brock and Blackwell LLP, has been named one of Canadian Lawyer’s Top 25 Most Influential in the corporate commercial category for his work as a national leading authority on Aboriginal […]

by pmnationtalk on September 5, 201852 Views

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Aboriginal Lands – Reserve lands – Possession for occupation and use – Title and ownership – The Lawyer’s Daily

September 04, 2018 Appeal by member of the First Nation from the Deputy Minister’s decision rejecting his application for possession of the parcel of land on the reserve. The appellant’s mother was a member of the First Nation and resided for 35 years on a parcel of land on the reserve, which she said she […]

by ahnationtalk on September 4, 201859 Views

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Sylvain Lussier of Osler, Hoskin & Harcourt appointed to Superior Court of Québec

Aug 31, 2018 Osler, Hoskin & Harcourt LLP is pleased to congratulate our partner Sylvain Lussier, an exceptional litigator and colleague, on his appointment to the Superior Court of Québec. Sylvain Lussier is widely recognized as one of the most accomplished commercial and civil litigators in Québec. He represented clients before various administrative tribunals, the […]

by ahnationtalk on August 31, 201877 Views

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Federal Court of Appeal quashes Trans Mountain pipeline, citing environmental, Indigenous concerns – The Lawyer’s Daily

August 30, 2018 The Federal Court of Appeal has quashed the federal government’s approval of the contentious Trans Mountain pipeline project, saying the National Energy Board (NEB)’s review of the project was flawed and that Canada did not properly consult with Indigenous peoples who would be affected by the project. The decision in Tsleil-Waututh Nation […]

by ahnationtalk on August 30, 2018109 Views

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ABORIGINAL LANDS – Types – Reserve lands – Exclusive use – The Lawyer’s Daily

August 28, 2018 Application by Toney for exclusive occupation of a family home on reserve lands held by Canada in trust for a First Nation band. Toney was the widow of a former band chief, but not an Indian. They occupied the home for 32 years and spent more than $140,000 of their money in […]

by ahnationtalk on August 28, 201854 Views

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NWAC Calls On Manitoba Hydro and RCMP to Take Accountability for Alleged Abuse against Indigenous Women

NWAC Calls On Manitoba Hydro and RCMP to Take Accountability for Alleged Abuse against Indigenous Women The Native Women’s Association of Canada (NWAC) is saddened, but not surprised, by the sexual abuse allegations of Manitoba Hydro employees against Indigenous women from the 1950s – 1980s. NWAC continuously speaks out on the horrific, violent actions carried […]

by pmnationtalk on August 24, 2018101 Views

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Windsor law students now required to take course on Indigenous law – CBC

Course will teach Indigenous laws ‘from the ground up’ Aug 23, 2018 In September, first-year law students at the University of Windsor will have to complete a course in Indigenous legal traditions. Dean of law Christopher Waters said he believes this is the first time a university in Ontario will require first-year students to take […]

by ahnationtalk on August 24, 2018120 Views

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West Coast reacts to Interim Report on Marine Protected Area Standards

Friday, August 17, 2018 VANCOUVER, BC, Coast Salish Territories – Lawyers at West Coast Environmental Law issued the following statement in response to the Interim Report of the National Advisory Panel on Marine Protected Area (MPA) Standards, released publicly today: “The seas are under increasing stress, so we welcome this interim report which sets out excellent […]

by pmnationtalk on August 22, 201881 Views

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New report shows how Canadian law is failing Indigenous trapline holders

Wednesday, August 15, 2018 Trappers’ stories illustrate cumulative impact of industrial activity on lands, waters and wildlife VANCOUVER, BC, Coast Salish Territories – A new report from West Coast Environmental Law reveals an urgent need to better align Canadian and Indigenous law on traplines, in order to uphold Aboriginal and Treaty rights and protect the environment from […]

by pmnationtalk on August 17, 201878 Views

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The IBA Congratulates Outstanding Members Dr. John Borrows and Professor Naiomi Metallic on Being Named Two of The Top 25 Most Influential Lawyers By Canadian Lawyer Magazine

For Immediate Release Thursday, August 16, 2018 The IBA Congratulates Outstanding Members Dr. John Borrows and Professor Naiomi Metallic on Being Named Two of The Top 25 Most Influential Lawyers By Canadian Lawyer Magazine OTTAWA, ON – The Indigenous Bar Association (IBA) congratulates Dr. John Borrows and Professor Naiomi Metallic on being awarded the prestigious […]

by pmnationtalk on August 16, 2018132 Views

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Conflicting court views on legal fees leave ’60s Scoop lawyers in limbo – 660News

Aug 15, 2018 TORONTO – Class-action lawyers who secured a landmark $750-million compensation deal for Indigenous victims of the ’60s Scoop have been left in fee limbo amid conflicting views as to how much they deserve. Under the settlement, which required separate approvals from both Federal Court and an Ontario court, Ottawa agreed to pay […]

by ahnationtalk on August 16, 201885 Views

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Media Alert – Thomas Isaac Honoured as One of the Nation’s “Top 25 Most Influential” Lawyers by Canadian Lawyer

Cassels Brock proudly congratulates partner Thomas Isaac, who has been honoured by Canadian Lawyer as one of the nation’s “Top 25 Most Influential” lawyers for 2018. Being named as one of the “Top 25 Most Influential” lawyers is a particularly noteworthy achievement and highlights the important and significant work honourees have done in the last […]

by ahnationtalk on August 7, 2018133 Views

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WCEL: Innovative Indigenous environmental law project seeking new partners

July 30, 2018 RELAW project works with Indigenous nations to revitalize Indigenous environmental laws VANCOUVER, BC, Coast Salish Territories – West Coast Environmental Law is pleased to accept Expressions of Interest from Indigenous nations and individuals for the 2018-2019 cohort of the RELAW (Revitalizing Indigenous Law for Land, Air and Water) project. The RELAW project […]

by ahnationtalk on August 6, 201875 Views

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Civil Procedure – Class or representative actions – Settlements – Approval – The Lawyer’s Daily

August 02, 2018 Determination of whether to approve a settlement agreement. During the Sixties Scoop, an estimated 22,400 Indigenous children nation-wide were scooped from their homes and placed with non-Indigenous foster or adoptive parents over a 40-year time period. The Sixties Scoop generated some 23 actions in superior and federal courts across the country. The […]

by ahnationtalk on August 2, 201864 Views

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Kinna-Aweya Legal Clinic 40th Anniversary Celebration 1978 – 2018 – NetNewsLedger

1 August 2018 Thunder Bay, ON – Kinna-aweya Legal Clinic celebrated the 40th Anniversary Open House on 86 S. Cumberland Street with a traditional prayer, a smudge and a dedication Board room name in honour of Wanda White, a Board President from 1989 until her passing in August 2016 for Nipigon Area. In 1978, the […]

by ahnationtalk on August 1, 201865 Views

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Law Society commits to Truth and Reconciliation action plan

Vancouver, July 24, 2018 – As the Assembly of First Nations arrives in Vancouver for its Annual General Assembly, the Law Society of British Columbia welcomes delegates with the announcement that the Benchers have approved a Truth and Reconciliation Action Plan. Developed in consultation with Indigenous community leaders, the action plan marks an important step toward transforming […]

by pmnationtalk on August 1, 201886 Views

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Disappearances of Canada’s indigenous women remain unsolved, decades on

Credits: FRANCE 24 English Published on Jul 2, 2018 Over the past 30 years, over 1,000 indigenous women have been killed or reported missing in Canada, often last seen or found along a 720-kilometre section of road nicknamed the Highway of Tears. After decades of indifference from the authorities, their fate is finally becoming a […]

by pmnationtalk on July 30, 2018190 Views

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Jaimie Lickers appointed Leader of Gowling WLG’s Indigenous Law Group

Gowling WLG is pleased to share that Jaimie Lickers has been appointed leader of the firm’s Indigenous Law Group. She takes over the role from Maxime Faille, who has played a pivotal role in developing the practice over the course of his tenure. A litigation partner based in Gowling WLG’s Hamilton office, Lickers works closely […]

by ahnationtalk on July 30, 201884 Views

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