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Aboriginal Law and Land Claims

PUBLIC LAW - Aboriginal Law and Land Claims

Our lawyers have acted on significant cases involving aboriginal land claims and other aboriginal issues. These cases include the following:

  • We acted in the Supreme Court of Canada in a landmark case concerning the constitutionality of a commercial salmon fishery in coastal British Columbia waters that was restricted by the federal government to members of three native bands, to the exclusion of other members of the public. The decision restates the requirements for an equality rights claim under section 15(1) of the Charter and is the first case to formulate a legal test for the validity of affirmative action programs under section 15(2). R. v. Kapp, 2008 SCC 41.

  • Our lawyers acted for one of the successful parties in recent important land claims cases involving remedies in the aboriginal law context: Chippewas of Kettle and Stony Point v. Canada (Attorney General), [1998] 1 S.C.R. 756 and Chippewas of Sarnia v. Canada (2000), 51 O.R. (3d) 641 (C.A.), leave denied (2001), 158 O.A.C. 199 (S.C.C.).