Aboriginal Law Section

Aboriginal Law Section
Articles posted include:

2010 Mid-Winter CLPD - Making Sense of Statutory Interpretation
Compensation as Discipline in the Justified Infringement of Aboriginal Rights –PowerPoint- Professor Cherie Metcalf - MidWinter 2010
This presentation attempts to answer the following question: “would a liability to compensate aboriginal rights-holders help discipline governments so that rights fully valued and limited only when truly socially beneficial to do so?”

Compensation or Damages as a Remedy for Breaches of Indigenous Rights – Bob Adkins & Sacha R. Paul - MidWinter 2010

This paper attempts to start a dialogue about compensation for impacts on indigenous rights. Currently no substantial answers have been available from the courts on this issue and therefore the writing has also been limited. The authors explore this topic as a way of opening up discussion in the hopes that people will be more likely to consider compensatory damages as a remedy. The paper also looks at a number of theories on liability for compensation as well as American law and Mainville’s theory and considers the appropriateness of compensatory damages as a remedy.

Aboriginal Income & Section 87 of the Indian Act – Janesca Kydd

Do Aboriginal people really pay no taxes or is that just a misconception around section 87 of the Indian Act? Janesca Kydd uses the Williams decision and a few decisions post Williams which use the “connecting factors test” to examine the true meaning and function of section 87. The author examines the “new rules” regarding court decisions for tax exemption including what you need to claim an exemption and what the court will consider when looking at an exemption for employment income, business income, and investment income.