News & Events

Vancouver Media Co-op: Delgamuukw versus The Queen

VMC, December 11, 2017: 20 years later, Gisdayway family produces searing report on a legacy of dispossession and division following the court ruling that Gitksan and Wetsuwet’en title survives. On December 11, 1997, the Supreme Court of Canada ruled that British Columbia has not extinguished Gitksan and Wet’suwet’en title and rights. The watershed case collected […]

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Canada 150: Building a Free and Democratic Society

From Lexis Nexis a stunning coffee table book: It’s the 150th anniversary of Canada’s Confederation and we’re marking this historic event with the release of a one-of-a-kind publication, Canada at 150: Building a Free and Democratic Society. This pictorial celebration commemorates 150 years of Canada’s legal and constitutional democracy as well as the 35th anniversary of the Constitution […]

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Title Fight: The Tsilhqot’in Nation got its land back. Canada will never be the same

The Walrus, July 22,2015 and updated on August 22, 2017: You might find it improbable that a young boy playing on the eastern slopes of British Columbia’s Coast Mountains once jumped on an iceberg and rode it down the Chilko River to where it joins the Fraser, and floated out to the sea. Or that when […]

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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Video: Part 1 – “Protection of ‘Hunting Grounds’ is the foundation of Canadian Aboriginal & Environmental Law”

“Protection of “hunting grounds” is the foundation of Canadian Aboriginal & Environmental law.”  This is part 1 of 4 of Jack Woodward’s keynote presentation at the Canadian Bar Association’s National Aboriginal Law Conference [PDF], on June 11, 2015 at Fortress Louisberg National Historic Site, Nova Scotia. Transcript: My dear fellow lawyers in the National Aboriginal Law Section […]

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Video: Part 2 – The NDP stood up for Aboriginal people & created s. 35 of the Constitution Act

“How the NDP stood up for Aboriginal People & created section 35 of the Constitution Act”  This is part 2 of 4 of Jack Woodward’s keynote presentation at the Canadian Bar Association’s National Aboriginal Law Conference [PDF], on June 11, 2015 in Fortress Louisberg National Historic Site, Nova Scotia. Transcript: Today at lunch our speaker Manny Jules reminded us […]

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Video: Part 3 – “The Ecological Content of Aboriginal & Treaty Rights Under Section 35 Canada’s Constitution”

“The ecological content of Aboriginal & treaty rights under Section 35 of Canada’s Constitution.”  This is part 3 of 4 of Jack Woodward’s keynote presentation at the Canadian Bar Association’s National Aboriginal Law Conference [PDF], on June 11, 2015 at Fortress Louisberg National Historic Site, Nova Scotia.    

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Video: Part 4 – You can change the world – Jack Woodward on aboriginal rights

“You can change the world.”  This is part 4 of 4 of Jack Woodward’s keynote presentation at the Canadian Bar Association’s National Aboriginal Law Conference [PDF], on June 11, 2015 at Fortress Louisberg National Historic Site, Nova Scotia. Transcript: Increasingly, the burden of protecting the environment in Canada has fallen on the shoulders of aboriginal people. […]

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Board of Variance Re-Appointment

Proud to be reappointed to the Salt Spring Island Board of Variance. The board is an independent body, established to adjudicate appeals for minor variances to Salt Spring Island Zoning Bylaw No. 355 as set out in Section 889 of the Local Government Act. Click on the image to download a PDF:

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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Video: Lead lawyer explains Tsilhqot’in case, aboriginal title and rights

The Common Sense Canadian, July 4, 2014: In early 2008, on the heels of BC Supreme Court Justice David Vickers’ initial ruling in favour of the Tsilhqot’in First Nation’s Williams case, I interviewed the plaintiff’s lead lawyer, Jack Woodward at his office in Victoria. Throughout this in-depth discussion, Woodward details the case itself, the intersection of aboriginal […]

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National Post: Jack Woodward lawyer: The real anniversary of Canada’s founding

National Post, October 7, 2013: No government in Canada plans to celebrate the 250th anniversary of the founding of our country. On Oct. 7, 2013, one of the oldest continuous written constitutions on the planet reaches a quarter of a millennium. The Royal Proclamation of 1763 — Canada’s founding document — stands for four enduring principles: […]

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