Native Law Updates

Native Law 2019 Release-1

Please click here to view the 2019 Release 1 Publisher’s Note for Native Law.

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2018 Native Law Publisher’s Notes: Release 5

You can read the Publisher’s Notes for releases 2018-1 to 2018-5 here.

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2018 Native Law Publisher’s Notes: Release 4

You can read the Publisher’s Notes for releases 2018-1 to 2018-5 here.

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2018 Native Law Publisher’s Note: Release 3

You can read the Publisher’s Notes for releases 2018-1 to 2018-5 here.  

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2018 Native Law Publisher’s Note: Release 2

You can read the Publisher’s Notes for releases 2018-1 to 2018-5 here.

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2018 Native Law Publisher’s Notes – Release 1

You can read the Publisher’s Notes for releases 2018-1 to 2018-5 here.

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Case Comment: A Brief Critique of Malcolm v Fort McMurray First Nation, 2016 FC 672

CanLII Connects, August 5, 2016: The Federal Court found that the Membership Clerk of the Fort McMurray First Nation had properly placed a membership application on hold pending confirmation of the applicant’s actual registration under the Indian Act, even though the applicants were likely “entitled to be registered”. ​Respectfully, I see two problems with this […]

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Native Law Updates – June 2016

The June 2016 updates to Native Law are now available in the looseleaf version as the text, as well as on ProView. Some of the new information available in this release is: A new judicial comment on the text. Justice Victoria Starr relied on two passages in Native Law in a recent Ontario Court of […]

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Native Law Updates – April 2016

Here’s a summary of some of the latest updates to Native Law: A new judicial comment on the text. Native Law was referred to with approval by Madam Justice Miriam Gropper of the BC Supreme Court in Bradfield Estate v Brydges, 2016 BCSC 189 at para 15. See Chapter 9, page 253. Supreme Court of Canada: Métis […]

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Native Law Updates – February 2016

Here are some highlights from the first 2016 update to Native Law: New Section: Judicial Comments on the Text. Native Law has been cited and relied upon dozens of times by the Courts. Passages from the text which have been particularly noted by judges are identified by chapter for easy reference. See the new red tab […]

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Native Law Updates – December 2015(2)

The seventh and final 2015 update to Native Law contains the following additions: Native Law now includes an updated Directory of First Nations, which incorporates instances where First Nations have been referenced in the case law found in Chapter 2 (Sources of Aboriginal Law), as well as updated references to the case law in Chapter […]

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Native Law Updates – December 2015

Here are some of the new topics in Native Law 2015, Release #6 – December 2015: Meaningful high-level consultation affirmed – An important decision of British Columbia Court of Appeal reinforces the importance of early and meaningful consultation at the strategic level. The Court held that it is not good enough to delegate consultation to the operational […]

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Native Law Updates – October 2015

Here are some of the new topics in Native Law 2015, Release #5 – October, 2015 Remuneration of Chief and Council, bonus payments.  The First Nations Financial Transparency Act is discussed.  Also reviewed is a case in which chief and council were required to return a bonus payment because it breached their fiduciary duty to […]

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Native Law Updates – July 2015

Here are the July 15, 2015 updates: Education requirement to run for Chief. The Supreme Court of Canada upheld an election code that required candidates for Chief to have a minimum Grade 12 education. See paragraph 7§1042. Is there a right to a jury containing aboriginal people? The Supreme Court of Canada clarified the rules […]

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Native Law Updates – May 2015

May 10, 2015: Additions to Native Law, Sixties Scoop class action, etc. Family Homes on Reserves and Matrimonial Interest or Rights Act. The “provisional” rules came into force for virtually all First Nations in Canada on December 16, 2014, and made very significant changes to the property interests of spouses on reserves. Even non-Indian spouses […]

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Native Law Updates – March 2015

Six times a year I update the loose leaf version of Native Law. Here is the March 22, 2015 update: Highlights for Native Law Release 2015 #1 Indian Act Amendment and Replacement Act. Despite its expansive name, this new federal statute does not, in fact, replace the Indian Act. But as of December 16, 2014 when this statute […]

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