This week, we’re taking a candid look at reconciliation to explore the area of indigenous law, featuring Jeff Nicholls
Topics: Charter application to Indigenous groups; mineral tenure system and DRIPA; contemporary reconciliation agreements and more.
This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (56:56) Download Transcript
⚫ How does the Canadian Charter of Rights and Freedoms apply to Indigenous groups with self-government agreements? (9:05)
⚫ How does the Gitxaała’s landmark legal challenge against BC’s “free entry” mineral tenure regime engage the Declaration on the Rights of Indigenous Peoples Act? (20:53)
⚫ What is the precedential value of a trend of co-governance in contemporary reconciliation agreements? (30:10)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (40:12)
? How has the implementation of UNDRIP influenced Indigenous law in Canada? (40:53)
? What sorts of indigenous issues will courts be grappling with in the near future? (44:34)
? There have been some recent noteworthy settlements in recent months related to the Indigenous residential school litigation. What role (if any) do these outcomes have on reconciliation? (46:44)
? Indigenous and aboriginal rights are often referred to as being sui generis, which means “of its own kind or class”. What does this mean on a practical level? (50:88)
1. Indigenous Self-Government and the Role of the Charter (15:11) Download
– Cindy Dickson v. Vuntut Gwitchin First Nation, 2022 CanLII 32895 (SCC)
– Dickson v. Vuntut Gwitchin First Nation, 2021 YKCA 5
– Dickson v. Vuntut Gwitchin First Nation, 2021 YKCA 5
2. DRIPA and the “Free Entry” Mineral Tenure System (12:37) Download
– “Indigenous Leaders Support Gitxaała’s Legal Challenge of ‘Archaic’ Mineral Tenure Regime, Coastal First Nations” (Apr 11, 2023)
– “Environmental Organizations Apply to Intervene in Gitxaała Nation’s Legal Case Against Unwanted Mining, BC Mining Law Reform Network” (Dec 15, 2022)
3. Contemporary Reconciliation Agreements (13:24) Download
– “Haida Nation, B.C. step toward reconciliation”, Province of British Columbia (May 9, 2023)
4. Ask-Me-Anything: Indigenous Law (16:05) Download
About the Guest:
Jeff Nicholls is an associate at Ratcliff LLP, which has a 70-year history of advocacy and support of First Nations in British Columbia, Yukon, and beyond.
Jeff’s practice focuses on litigation, negotiation and law & policy development. Jeff advises First Nations governments on various matters, including: Land and resource issues; Aboriginal rights and title; and governance issues.
Jeff has a particular focus and interest in supporting the development and implementation of indigenous legal traditions.
In addition to being a proud member of the (lack cwah lams) Lax Kw’alaams First Nation, Jeff is also is the President of RAVEN Trust which is a charitable non-profit organization that provides financial resources to assist First Nations in exercising their legal rights in court.
Jeff’s Full Bio
Jeff’s Email Address