Obiter Dicta Issue 5 - October 27, 2014 | Page 18

OPINION 18  Obiter Dicta Indigenous » continued from page 5 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 » continued from page 16 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