Year: 2020

Vancouver Island First Nation calls on B.C. to honour UNDRIP in historic title case

Vancouver Island First Nation calls on B.C. to honour UNDRIP in historic title case Nuchatlaht First Nation says Crown counsel continues to stall the case using the ‘distasteful’ argument that the Nation ‘abandoned’ their land. Almost a year into B.C. adopting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) the Nuchatlaht First […]

B.C. argues Nuchatlaht Nation ‘abandoned’ its territory. Lawyer reminds court ‘land was stolen’

B.C. argues Nuchatlaht Nation ‘abandoned’ its territory. Lawyer reminds court ‘land was stolen’ In the first-ever title case argued in B.C. since the province introduced UNDRIP legislation, Crown lawyers assert the nation lost territorial rights by not consistently occupying their lands. Experts say the argument is strange, possibly illegal and a step back for reconciliation. […]

Nuchatlaht Intervenes in SCC HMTQ V RICHARD LEE DESAUTEL

Nuchatlaht Intervenes in SCC HMTQ V RICHARD LEE DESAUTEL Nuchatlaht intervened in the Desautel case to resist BC’s argument about abandonment. The Nuchatlaht did not abandon their territory. They were forced off their land by colonial and provincial laws, and the Nuchatlaht have common cause with the Sinixt on that point. With the 2019 statute […]

Jack Woodward to Speak at the Pacific Business & Law Institute Webinar

Jack Woodward to Speak at the Pacific Business & Law Institute Webinar   January 12, 2021 The Pacific Business & Law Institute is hosting an online webinar where experts will present on the topic of Aboriginal litigation. The list of presenters includes but is not limited to Jack Woodward, Q.C., Mark Underhill,  Jennifer Chow, Q.C., […]

  • Public Speaking

Land Back: A webinar with Nuchatlaht Leaders!

Land Back: A webinar with Nuchatlaht Leaders! Join us on Thursday, Nov. 5 at 5 pm PT/ 8pm ET online to hear from the Nuchatlaht people about their groundbreaking title case, their strong and sustainable vision for their lands and waters and how you can help. Speakers will include Nuchatlaht House Speaker Archie Little and […]

Native Law 2020 Release – 5

2020-5 Woodward Native Law This Release includes some updates to the law, and important revisions to the section Words and Phrases: Words and Phrases. The field of aboriginal law is inherently about definitions. Ever since 1763, when the Royal Proclamation created special laws for the protection of the lands of the “several Tribes and Nations of […]

  • Aboriginal Law in Canada Updates

Native Law 2020 Release – 4

2020-4 Woodward Native Law This Release includes updates to the law in the following important areas: Both Canada and the Provinces are bound by fiduciary obligations and the principle of the Honour of the Crown. See cases and explanatory notes at paragraphs 3§1270, 3§1390, 3§1840, and 4§125. Labour law: Provincial labour laws may apply to emergency medical services on […]

  • Aboriginal Law in Canada Updates

Native Law 2020 Release – 3

2020-3 Woodward Native Law This Release includes updates to the law in the following important areas: Whether public schools may offer an Indigenous cultural component. The B.C. Supreme Court held that it does not offend religious freedoms for a school to host demonstrations of Indigenous beliefs and practices. See paragraph 14§245. Canada’s new Indigenous Child Welfare legislation. An […]

  • Aboriginal Law in Canada Updates

Native Law 2020 Release – 2

2020-2 Woodward Native Law This Release includes updates to the law in the following important areas: Major change to organization of the federal government. This release reflects the changes to the former Department of Indian Affairs and Northern Development, which has been split into two departments: the Department of Crown-Indigenous Relations and Northern Affairs, and the […]

  • Aboriginal Law in Canada Updates

Native Law 2020 Release – 1

2020-1 Woodward Native Law This Release includes updates to the law in the following important areas: “Public Body”. A band, as a “public body” can be subjected to the minimum $100,000 fine for violation of the Canadian Environmental Protection Act, 1999. Further, the law is developed relating to what “body of Indians” means in s. 2(1) of […]

  • Aboriginal Law in Canada Updates

Cloud-based Document Management at Federal Court

The cloud-based document management program, CaseLines, was introduced at the Federal Court of Canada this week, used by the parties and the Court in a motion to strike before Prothonotary Aalto. Jack Woodward, Q.C., representing the Plaintiff First Nation, gave other counsel access to a Hearing File created in CaseLines a week before the hearing. […]

Why an Alberta court decision to quash an oilsands project affects Treaty Rights cases in B.C.

A recent ruling by three Appeal Court justices has transformed the nature of Treaty 8 First Nations’ legal battles against the Site C dam and oil and gas development, finding the Crown must consider the cumulative impacts of industrial projects.   Jack Woodward, who along with Joseph Arvay represented the Fort McKay First Nation before […]

Alberta’s top court overturns oil sands mine approval over First Nations concerns for land

Alberta’s highest court has overturned regulatory approvals for a $440-million oil sands project that would have encroached on land a First Nation considers sacred. In a strongly worded judgment, three justices of the Alberta Court of Appeal ruled that the Alberta Energy Regulator violated the honour of the Crown when it approved the proposal even […]

All Points West with Kathryn Marlow: What does Delgamuukw, the 1997 court ruling, have to do with the Wet’suwet’en protests?

As the Wet’suwet’en protests continue, people are talking about a landmark court case in 1997, called Delgamuukw. Some say it established title for the Wet’suwet’en, but it’s not that simple. Jack Woodward, an expert in indigenous law, joined Kathryn Marlow to explain. Listen here…