Est. in 1975 to further research, teaching & publications on Indigenous rights in Canada. Tweets: Indigenous legal issues. Retweets: not endorsements or advice.
Saskatoon, Saskatchewan
Joined July 2012
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Are you an Indigenous student starting law school in Canada this fall? Consider registering for Spring/Summer law courses through the University of Saskatchewan's College of Law. Learn more at law.usask.ca/programs/spring…
NEW BOOK!!! The ILC is pleased to announce the release of the highly anticipated "Canadian Native Law Reporter - Judicial Tales Retold: Reimagining Indigenous Rights Jurisprudence".
The Indigenous Law Centre is pleased to announce the launch of a new book, "Elikewake Compact: The Mi’kmaw, Wolastoqey, and Passamaquoddy Nations’ Confederation with Great Britain, 1725-1779" by James Sa’ke’j Youngblood Henderson. 1/4
The Indigenous Law Centre is pleased to announce the highly anticipated new book, The Gladue Principles: A Guide to the Jurisprudence, by Benjamin Ralston. 1/4
*Special Opinion Piece*
Jodi Hancheroff, one of our 2020-2021 ProBono Students of Canada volunteers, wrote of her experience as a second year law student volunteering during law school.
Appeal remitted back to the Specific Claims Tribunal. The Court determined the tribunal was unreasonable in their assessment of the Crown’s fiduciary duty owed towards the appellant First Nation. Summary of Williams Lake First Nation v Canada, 2021 FCA 30: words.usask.ca/nativelaw/
A conditional sentence is determined for an Indigenous offender that pleaded guilty to assault. He cares for his three children, is not a threat to the community and will keep his family unit together. Summary of R v JC, 2021 MBQB 52: words.usask.ca/nativelaw/
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Ontario’s motion dismissed. The Court finds that it is not plain and obvious that Iskatewizaagegan does not have a cause of action based on a sui generis fiduciary duty. Summary of Iskatewizaagegan No 39 Independent First Nation v Winnipeg, 2021 ONSC 1209: words.usask.ca/nativelaw/
A jury acquitted an Indigenous man of one count of sexual assault, but found him guilty of another count of sexual assault and the offence of choking with intent to overcome resistance to facilitate the sexual assault. Summary of R v RS, 2021 ONSC 2263 at: words.usask.ca/nativelaw/
Appeal dismissed. The appellant was convicted of sexual interference and sought to appeal his custodial sentence. The sentencing judge did not err. Summary of R v Alfred, 2021 BCCA 71 at: words.usask.ca/nativelaw/202…
An Indigenous first offender was sentenced to a further 100 days over his presentence credit for robbery. The stolen jewelry is estimated at over half a million dollars. He is fined $162,500 to pay in four years. Summary of R v Ireland, 2021 ONCJ 159: words.usask.ca/nativelaw/
An Indigenous mother has been granted custody of her six year old son. She voluntarily placed him with her great aunt when he was a few days old due to her addictions and incapacity to care for him at the time. Summary of TA v CD, 2021 SKQB 52 at: words.usask.ca/nativelaw/
"Lakehead University’s Bora Laskin Faculty of Law launching Indigenous Law and Justice Institute" see more at: lakeheadu.ca/about/news-and-…
An Inuk woman received absolute discharge for breaching no-alcohol bail condition when she had called RCMP for help in domestic violence situation. Summary of R v A(M), 2020 NUCJ 04: words.usask.ca/nativelaw/
First time Indigenous young offender sentenced to 24 months’ probation for sexual assault of an inebriated 14-year-old, after considering the principles under the Youth Criminal Justice Act. Summary of R v CZ, 2021 BCPC 25: words.usask.ca/nativelaw/
The chambers judge failed to consider important factors and to give adequate weight to the public interest in granting an injunction that stayed amendments to the Child Youth and Family Enhancement Act. Summary of AC and JF v Alberta, 2021 ABCA 24: words.usask.ca/nativelaw/
An Indigenous offender is sentenced to conditional custody to be served in the community with support from the John Howard Society, followed by probation. Summary of R v Herman, 2021 YKTC 12: words.usask.ca/nativelaw/
A first time Inuit offender was convicted of sexual assault involving forced anal intercourse with an Indigenous victim. The Court determined that a further 90 days imprisonment was fit, with remand credit. Summary of R v Bennett, 2021 NLSC 26: words.usask.ca/nativelaw/
The Province opposed the admission of an archaeologist’s report on culturally modified trees in an underlying Aboriginal title claim. The report reached the threshold of requirement of admissibility. Summary of Nuchatlaht v British Columbia, 2021 BCSC 37: words.usask.ca/nativelaw/
An Indigenous inmate sought judicial review on a decision which revoked his statutory release. The dispute had become moot and is denied. A reviewing court has a traditional role of which it will not depart. Summary of Germa v Canada (AG), 2021 FC 134: words.usask.ca/nativelaw/