John Hennessey represents Abegweit Band in Canada’s Federal Court

On September 22, 2022, the N.L. Supreme Court confirmed the Nunatsiavut Assembly is a legislative body that holds all privileges, immunities,…

The New Brunswick Court of Queen’s Bench has issued a court order to stop Indigenous fishers (all apparently members of the Wolastoqey Nation)…

On March 18, 2022, the Supreme Court of Canada confirmed that an Indigenous government can still satisfy the impecuniosity requirement for an…

On October 22, 2021, the Supreme Court of Canada, in Northern Regional Health Authority v. Horrocks, clarified that labour arbitrators have…

Many now agree: it’s imperative that workplaces be both diverse and inclusive. Perhaps the most often-quoted (and definitely most succinct)…

There is a duty to consult Indigenous groups when the Crown contemplates actions that may adversely affect their rights under section 35 of the…

The Supreme Court of Canada continues to expand the scope of Aboriginal rights. On April 23, 2021, in R. v. Desautel, for the first time the…

This publication has been updated as at September 17, 2021. Employers across the country – including the federal government, some…

We updated this publication on July 8, 2022. 2020 was a year filled with challenges, including in the relationship between Indigenous…

The COVID-19 novel coronavirus has evolved rapidly, and so have the workplace issues employers are facing – and the questions employers were…

The havoc that COVID-19 (a.k.a. “novel coronavirus” or SARS-CoV-2) is wreaking around the globe – and around workplaces – is about to…

This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…

Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…

The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…

The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…

This publication has been updated as of September 28, 2020. In the last few years, many employers have been focused on preparing for and…

This article has been updated as of January 19, 2022. It can be challenging for employers to fulfill their legal duty to accommodate an…

Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…

We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

Over the past 15 years, most of the Supreme Court of Canada’s decisions respecting Indigenous Peoples in Canada have revolved around the…

On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation’s claim that a Ministerial decision to approve a project…

This publication has been updated as at January 13, 2022. An increasing number of employees are struggling to meet the challenge of the…

All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…

This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

We udpated this publication on June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased focus on…

On May 19, 2017, the Supreme Court of Canada agreed to hear the appeal of the Federal Court of Appeal’s 2016 decision in Canada v Mikisew Cree…

Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…

The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…

On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…

Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…

On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…

Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…

Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…

On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…

On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…

On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…

On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…

This publication has been updated as at June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…

This publication has been updated as at January 26, 2022. With people spending so many of their waking hours at or connected to work these…

On June 26, 2014, in its groundbreaking decision on Aboriginal title in Read the SCC’s decision in Tsilhqot’in Nation v. B.C., 2014 SCC 44,…

Recent developments in Ontario and Yukon are an important reminder of the practical implications of the Crown’s legal Duty to Consult with…