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Landmark Supreme Court of Canada Decision Highlights Need for Just Approach to Treaty Interpretation

On July 26, 2024, the Supreme Court of Canada (“SCC”) delivered a landmark decision in Ontario (Attorney General) v Restoule, 2024 SCC 27, unanimously finding that the Crown had breached their treaty promises to the Anishinaabe of the upper Great Lakes under the 1850 Robinson-Superior and Robinson-Huron Treaties (“Robinson Treaties”).

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Canoeist on the Attawapiskat River

Protecting Indigenous Laws, Lands and Waters – Insights from Ocean Week 2024

On June 6, 2024, Legal Advocates for Nature’s Defence (LAND) was one of many nonprofits across Canada to host an event in recognition of Ocean Week Canada 2024. Our event, “Protecting Indigenous Laws, Lands and Waters” illustrated the urgent need for an effective legal framework to safeguard Canada’s biodiversity and highlighted the critical role that Indigenous laws and knowledge play in these efforts. 

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Exploring Indigenous peoples’ right to conservation in Canada

The recent adoption of the United Nations Declaration on the Rights of Indigenous Peoples Act (“UNDA”) provides a renewed opportunity to ensure Indigenous peoples’ right to conserve and protect the environment is upheld. This right emulates from Indigenous peoples’ unique relationship with land that is inseparable from their socio-legal, political and spiritual systems. Upholding a right to conserve and protect the environment is especially important if we are to safeguard the health and well-being of Indigenous communities, who are disproportionately impacted by environmental injustices and prevent further environmental racism.

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