OPINION
18 Obiter Dicta
Indigenous
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other schools can watch the discussion. Osgoode will
also do this during our panel on Indigenous traditions
within the law.
Metis Rights and Treaty Law
Jean Teillet and Larry Chartrand provided an update
on Metis rights and treaty law since R v Hirsekorn.
Larry Chartrand from the University of Ottawa
described the newly instituted Metis Treaty Research
Group at the University of Ottawa. The research group
will look at Metis treaties in Canada, including Scrip,
Treaty Adhesions, and the Manitoba Act, among
others. Metis rights and treaty is a developing area of
Aboriginal law. (Scott Franks)
Indigenous Rights and International Law
Brenda Gunn, an Assistant Professor at University of
Manitoba’s Robson Hall Law School, and a contributor to the analysis and drafting of the UN Expert
Mechanism on the Right of Indigenous People, clarified that international reports and treaties are not
enough to spur Canada into action. She inspired those
in attendance and reminded us that we as lawyers and
as representatives of Indigenous communities need
to use these reports and treaties as first steps, and as
the support for our own grassroots call to action; we
cannot sit back with these useful documents and have
faith that Canada will implement them on its own. If
history has showed us, it won’t. (Sabrina Molinari)
First Nations Child Welfare
The First Nations Child Welfare panel provided
updates on the ongoing case, First Nations Child and
Family Caring Society of Canada et al. v. Attorney
General of Canada (for the Minister of Indian Affairs
and Northern Development Canada), 2014 CHRT
2. The First Nations Child and Family Caring Society
filed their claim that the inequitable funding of child
welfare services on First Nations reserves constitutes
discrimination on the basis of race and national or
ethnic origin. After many tactical delays by the government, closing arguments on the merit of the case
will be given on October 20-24. On October 20th,
there will be a live webcast through fncaringsociety.com. Similar human rights complaints have
been brought in the areas of special education, policing, health, and water. For more information, these
cases are: Mississaugas of New Credit First Nation
v Canada, 2013 CHRT 32, Mushkegowuk Council
v Attorney General of Canada Ruling, 2013 CHRT
3, and a recent statement of claim filed by the Tsuu
T’ina, Ermineskin, Sucker Creek and Blood First
Nations. (Laura Mayer)
Missing and Murdered Indigenous Women
Jodi Stonehouse described the protocols of Bundles
and Bundle Keepers for missing and murdered
Indigenous women. It was acknowledged this coming
summer (July/August 2015), Judi and a few other traditional bundle keepers will run the Highway of Tears
in BC, laying medicine down at all locations where
women have been found. The workshop provided the
opportunity for participants to share their thoughts,
feelings, and reflections about violence against
Indigenous women. The stories shared in the circle
were heavy and intensely personal, and the workshop space itself was very solemn. (Sabrina Molinari,
Terrance Luscombe)
Access to Justice
Fallon Melander of Legal Aid Ontario (LAO), Denise
Lightning of Lightning Law, and Sherri Turner, a
Gladue report writer, shared their experiences of
working within the legal aid system. The workshop
highlighted the increasing prevalence of access to
justice problems for Aboriginal peoples. The workshop drew attention to a disturbing trend, where
trial courts’ and Crown Attorneys’ dismiss or ignore
aboriginal rights and Gladue principles on Aboriginal
offender sentencing. Fallon Melander discussed recent
Jurisfoodence
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BC went with a traditional breakfast choice: over-easy
eggs, rye toast, bacon, greens and a fried potato.
Though his bacon and eggs were average, my BC
thought that the toast didn’t have enough butter, and
the side potato was overcooked, dry, and bland. He
did not eat his greens, but I had a few bites; despite the
fact that I still think that a breakfast sal B