EDWARDS BELL JEWITT WRITES

Before becoming a lawyer, I worked primarily as a research consultant and policy analyst for various Indigenous organizations. I have made a lot of friends over the years who continue to help me understand Indigenous culture and laws and what it is like to be a First Nations person in Canada. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) has often been part of those conversations.

Recently, Canada made a significant step towards joining the growing number of jurisdictions providing free menstrual products to those who use them. Regulatory changes under the Canada Labour Code, which governs federally-regulated workplaces in Canada, now require employers to make menstrual products available to all employees free of cost at work.

On October 30, 2023, Justice Warkentine of the Ontario Superior Court of Justice approved a $13.3 million settlement agreement for the class action claim against Ralph Rowe, Scouts Canada, and the Anglican Synod Diocese of Keewatin. The claim, centered on the pervasive sexual abuse by former Anglican priest and Scout leader Ralph Rowe, was brought by Koskie Minsky LLP on behalf of Indigenous youth.

Quoting Macbeth, what is done cannot be undone. That being said, in the employment law context it has increasingly been the case that the termination clauses that have ‘been done’ are in turn ‘undoing’ the very contracts they form a part of because Courts are finding them invalid.

Band Members from eligible First Nations now have until March 7, 2024 to submit a claim in the settlement of the First Nations Drinking Water Class Action lawsuit.

The challenges with primary health care provision in remote First Nations will be a key focus of the upcoming Inquest into the death of Ruthann Quequish.

The foundational question with regard to labour relations and employment law for First Nation operations is that of Jurisdiction: Federal, or Provincial. Despite the Federal government having exclusive legislative authority in the Constitution Act, 1867 for “Indians, and Lands reserved for the Indians”, a number of areas falling under this authority overlap with Provincial legislative authority. The result has been widespread confusion into the relevant statutory or legislative regime for any given First Nation operation, and the related standards to adapt therein.

Do you have a will? Only half of Canadian adults ages 18 to 65+ have written their wills.[1]  And less than 9% of First Nations people living on reserve have a will when they die.[2]