News & Events

First Nations court challenges continue to hang over $7.4-billion Trans Mountain pipeline expansion

Vancouver Sun, April 19, 2018: First Nations court challenges that allege inadequate consultation and seek to overturn federal and B.C. approval of the $7.4-billion Trans Mountain oil pipeline expansion have been overshadowed by recent debate on federal and provincial powers to regulate oil transport. But legal experts say the First Nations cases have real implications […]

Transcript: CBC’s The Current on the Kinder Morgan Trans Mountain pipeline expansion divides Indigenous communities.

The Current Transcript for April 17, 2018 Host: Laura Lynch Stories from this episode: Transcript: Prologue Transcript: Kinder Morgan Trans Mountain pipeline expansion divides Indigenous communities Transcript: Boy on the beach: How Alan Kurdi’s family are turning their grief into a fight to help refugees Transcript: Why a water-gulping Wisconsin plant is a wake-up call for Canada To read […]

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Sound clip: CBC’s The Current on the Kinder Morgan Trans Mountain pipeline expansion divides Indigenous communities.

CBC the Current, April 17, 2018: As the divide thickens for politicians in B.C. and Alberta over the Kinder Morgan Trans Mountain pipeline expansion, the sentiment also resonates with First Nations in these provinces. First Nation leaders in favour of the project argue there’s an opportunity for economic prosperity for their people. But critics warn […]

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Narwhal article by Emma Gilchrist: ‘They’re Not Getting How the Constitution Works’: Why Trudeau, Notley Can’t Steamroll B.C. on Kinder Morgan Pipeline

The Narwhal, April 13, 2018: In the fall of 1981, Jack Woodward was a young lawyer in Ottawa when NDP leader Ed Broadbent and prime minister Pierre Trudeau struck a deal to include aboriginal rights in the Canadian constitution. “I banged out a first draft,” Woodward recalls. “I typed it out on a manual typewriter. […]

The Scrivener: 4 part series on Aboriginal Land Interest and Registering Aboriginal Lands

The Scrivener, Winter, 2017 to Winter 2016: 4 part series on Aboriginal Land Interest and Registering Aboriginal Lands by Jack Woodward and Ethan Krindle. Here are all 4 articles in one PDF.        

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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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