Appeals
OKT lawyers have appeared at the Supreme Court of Canada, as well as Courts of Appeal across the country, including the Federal Court of Appeal. Our lawyers are accomplished and creative advocates with deep expertise in Aboriginal law. We are ready to take your case to the highest levels of court.
Representative work:
- in the Shipman case in the Ontario Court of Appeal, we succeeded in getting Canadian law to recognize the rule of Anishnabe law that a community can invite others to harvest in their treaty territory, and shelter them under their treaty rights.
- in Ktunaxa Nation, OKT represented an organization of Treaty 9 First Nations in an intervention before the Supreme Court of Canada to defend the right of Indigenous people to the protection of their spiritual practices under the Canadian Charter of Rights and Freedoms.
- in Hamlet of Clyde River, OKT lawyers assisted the Inuvialuit Regional Corporation in an intervention before the Supreme Court of Canada to argue for the application of the United Nations Declaration on the Rights of Indigenous Peoples and free, prior, and informed consent (FPIC) as part of the duty to consult and accommodate Indigenous peoples.
- OKT lawyers intervened on behalf of the Women’s Legal Education and Action Fund (LEAF) in the Gehl case in the Ontario Court of Appeal, in support of gender equality in the determination of Indian Act status.
- in Williams Lake, OKT lawyers represented the Assembly of Manitoba Chiefs in an intervention before the Supreme Court of Canada to argue that the principles of equity and the UNDRIP require a strict interpretation of the Crown’s fiduciary obligations to Indigenous peoples – an interpretation that recognizes the specific value and character of Indigenous lands, and puts protecting those lands first.