Aboriginal Law Section
About the Section
Self-government, land claims, treaty rights and native business ventures are among the intriguing and sometimes controversial topics tackled by this Section. Keep on top of the political, social and economic developments and opportunities involving Canada's Aboriginal communities.
Click here to get information on the corresponding CBA National Section
Section Executive
Chair
Allison Fenske
Thompson Dorfman Sweatman LLP
2200-201 Portage Ave
Winnipeg, MB R3B 3L3
Phone: 934-2346
Fax: 934-0596
aemf@tdslaw.com |
Vice-Chair
Sacha Paul
Thompson Dorfman Sweatman LLP
2200-201 Portage Ave
Winnipeg, MB R3B 3L3
Phone: 934-2571
Fax: 934-0571
srp@tdslaw.com |
Secretary/Treasurer
Iris Allen
Manitoba Justice -
Civil Legal Services
730 – 405 Broadway
Winnipeg, MB R3C 3L6
Phone: 945-6826
Fax: 948-2041
iris.allen@gov.mb.ca |
Member-at-Large
Gord Hannon
Manitoba Justice -
Civil Legal Services
730 – 405 Broadway
Winnipeg, MB R3C 3L6
Phone: 945-0242
Fax: 948-2041
gord.hannon@gov.mb.ca |
Member-at-Large
Brad Regehr
D'Arcy & Deacon LLP
2200 - One Lombard Place
Winnipeg, MB R3B 0X7
Phone: 925-5388
Fax: 943-4242
bregehr@darcydeacon.com |
Member-at-Large
P. Michael Jerch
P. Michael Jerch Law Office
586 Broadway
Winnipeg, MB R3C 0W5
Phone: 774-8301
Fax: 774-8349
michael@jerchlaw.com |
Member-at-Large
Brenda Johnston
D'Arcy & Deacon LLP
2200 - One Lombard Place
Winnipeg, MB R3B 0X7
Phone: 925-5395
Fax: 943-4242
bjohnston@darcydeacon.com |
Member-at-Large
Seneca Longclaws
P. Michael Jerch Law Office
586 Broadway
Winnipeg, MB R3C 0W5
Phone: 774-8300
Fax: 774-8349
slongclaws@jerchlaw.com |
Member-at-Large
Kimberley Gilson
Duboff Edwards Haight & Schachter Law Corporation
1900-155 Carlton Street
Winnipeg, MB R3C 3H8
Phone: 942-3361 x212
Fax: 942-3362
gilson@dehslaw.com |
|
| |
|
Upcoming Section Events
ABORIGINAL LAW SECTION
CONSTITUTIONAL/HUMAN RIGHTS SECTION
LABOUR LAW SECTION
NOTICE OF JOINT MEETING
DATE: Friday, June 1, 2012
TIME: 12:00 Noon – 1:30pm
LOCATION: Law Society of Manitoba Classroom, 219 Kennedy Street, Winnipeg
TOPIC: Case Law Update: NIL/TU,O and Labour Relations in the First Nations context
SPEAKERS:
Michael Conner, Manitoba Justice, Constitutional Law Branch
Mark Toews, Deeley Fabbri Sellen Law Corporation
Labour relations and employment law generally fall under provincial jurisdiction with the exception of federal works and undertakings. Parliament has exclusive jurisdiction to pass laws in relation to Indians and lands reserved for Indians. When do provincial laws apply to First Nations or on Reserve? In particular, how do you determine whether the labour relations of a business or undertaking involving First Nations are governed by provincial or federal labour and employment laws? Is it appropriate to assume that the Canada Labour Code provisions apply in such circumstances? Please join us for a discussion of the Supreme Court of Canada’s decision in NIL/TU,O Child & Family Services Society v. B.C.G.E.U., 2010 SCC 45 and how it has been applied in Manitoba.
Please RSVP to the Manitoba Bar Association online. You can also RSVP by calling the RSVP Line @ 927-1211 or email ( sections@cba-mb.ca) by 12:00 Noon on Thursday, May 31, 2012. Please confirm if you would like lunch (sandwiches) and advise of any dietary restrictions. Lunch is available upon advanced request at a cost of $7.00.
Attendance at this MBA Section meeting can be applied towards your Law Society of Manitoba's Continuing Professional Development requirement.
The MBA is committed to making Section meetings widely available. If you live outside of the City of Winnipeg and want to attend a Section meeting by teleconference, please contact Melissa Tannahill (204) 927-1215 or email sections@cba-mb.ca before 4:00 pm on Friday, May 25, 2012.
Past Events May 23, 2012, 12:00 Noon (Thompson Dorfman Sweatman LLP) Case Law Update – Taxation of Income – Canada v. Robertson and Ballantyne v. Canada Joint Meeting with Tax Law Section
April 26, 2012, 5:00pm (Thompson Dorfman Sweatman LLP) Aboriginal Law Students Reception
October 18, 2011, 5:00pm (Thompson Dorfman Sweatman LLP) Wine and Cheese meeting with the new Chairperson of the Canadian Human Rights Tribunal
December 14, 2010, 12:00 Noon (7th Floor - 405 Broadway) The Manitoba Metis Federation Inc. v. Attorney General of Canada and Attorney General of Manitoba case (Judgment of the Manitoba Court of Appeal delivered July 7, 2010)
June 4, 2010, 12:00 Noon (12th Floor - 405 Broadway) Aboriginal Income Tax Presentation - Section 87 of the Indian Act
May 27, 2010, 12:30pm (Pitblado LLP - 2500-360 Main Street) Research tips relating to Aboriginal law matters (Joint meeting with the Legal Research Section)
Section Reports
2009-2010
Articles posted include:
2011 Mid-Winter CPD - Aboriginal Law Primer - What every Practitioner should know
Aboriginal Law Primer – Kimberley Gilson
This paper provides an introductory explanation of Indian Bands, often referred to as First Nations, and their standing in the law. The author outlines the process of an Indian Band Council election and comments on the struggle for Indian Bands to reach an acknowledged level of self governance. The Indian Act gives authority to the Indian Bands to contract and the Indian Band Council Procedure Regulations outlines rules that govern the conduct of Band Councils. However, the author notes that the Indian Act reserves certain rights for the federal government alone. Sections 89 and 90 of the Indian Act are discussed at length along with the applicability of provincial legislation on reserves.
2010 Mid-Winter CPD - Making Sense of Statutory Interpretation
Compensation as Discipline in the Justified Infringement of Aboriginal Rights – PowerPoint- Professor Cherie Metcalf
This presentation attempts to answer the following question: “would a liability to compensate aboriginal rights-holders help discipline governments so that rights fully valued and limited only when truly socially beneficial to do so?”
(See related article: "Compensation as Discipline in the Justified Limitation of Aboriginal Rights: The Case of Forest Exploitation" (2008) 33 Queen's L.J. 385)
Compensation or Damages as a Remedy for Breaches of Indigenous Rights – Bob Adkins & Sacha R. Paul
This paper attempts to start a dialogue about compensation for impacts on indigenous rights. Currently no substantial answers have been available from the courts on this issue and therefore the writing has also been limited. The authors explore this topic as a way of opening up discussion in the hopes that people will be more likely to consider compensatory damages as a remedy. The paper also looks at a number of theories on liability for compensation as well as American law and Mainville’s theory and considers the appropriateness of compensatory damages as a remedy.
Aboriginal Income & Section 87 of the Indian Act – Janesca Kydd
Do Aboriginal people really pay no taxes or is that just a misconception around section 87 of the Indian Act? Janesca Kydd uses the Williams decision and a few decisions post Williams which use the “connecting factors test” to examine the true meaning and function of section 87. The author examines the “new rules” regarding court decisions for tax exemption including what you need to claim an exemption and what the court will consider when looking at an exemption for employment income, business income, and investment income.
Manitoba Bar Association Mid-Winter Presentation January 27, 2006 – Gladue Panel “The Crown Perspective” – Anthony J. Kavanagh
The 1999 “Gladue” case provided significant direction for all of us in the Criminal Justice System, Crown, Judge and Defence alike. It directs us to consider – at the very least - the aboriginal background of the convicted at the time of sentencing per section 718.2 (e) of the Criminal Code.
When the case first came out, there was the usual misunderstanding by some in the media as to what this meant for aboriginal offenders. Some simplistic initial comments included the notion that somehow, all aboriginals were to get a “free pass” from incarceration. Of course this is not the formulae at all.
What the legislation and the Supreme Court really direct is to ensure that society take account of the unique history of the aboriginal offender. If we are to rehabilitate the offender, and reach the objectives of the Criminal Justice system, we must understand. The best way to do that is by means of what has become the “Gladue Brief”. This paper provides some general insight for and from the Crown but the real “meat” will be the sharing that takes place at the presentation by all the participants.
Learning Consultation: The Crown/Aboriginal Consultation Experience for the Wuskwatim Project
This article was presented by Mr. Gordon Hannon as a CLE at the 2007 Mid-Winter Meeting. It details the development of a First Nations consultation process in order to handle the proposed development of the Wuskwatim Dam and Transmission projects. It considers the fact that the Haida Nation and Taku River framework set out by the court do not necessarily apply in treaty situations which are typical in Manitoba. The article also discusses the findings of the court in Mikisew which did concern a treaty. Furthermore, the article lays out 17 principles that, based on case law, apply to the duty to consult.
|
|
