Residential School Agreement FAQs

Clear, easily understood answers to the most frequently asked questions about the Residential School Agreement. Click the image to download PDF.

Peter Grant is Representative
Peter Grant of Peter Grant & Associates is the representative for Independent Counsel on the National Administration Committee ("NAC").   The National Residential Schools Survivors Society ("NRSSS") are referring specific problems with respect to elderly or disabled persons to Peter Grant who is forwarding them to the NAC for urgent action.

Peter Grant & Associates are proud to be part of the Independent Counsel Group who has adopted the CBA Guidelines for how to address Residential School Claims.   Those Guidelines are provided in the detailed report on Indian Residential Schools.

CBA Guidelines [PDF]

Case Comment/Insight

Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council The Supreme Court clarified the “triggers” for the duty to consult and affirmed that the duty arises when the Crown has actual or “constructive knowledge” where the Crown has reason to “reasonably suspect” that the lands have been traditionally occupied by an aboriginal community. Read the Case Commentary here [PDF]. More and Link to Decision here.

Wii'litswx Case Review Recognition as the basis for Reconciliation. Read the Case Review here [PDF].

Should We Take the Government to Court? The advantages, disadvantages & strategies of using litigation when considering whether to take a government to court on decisions potentially affecting aboriginal and treaty rights. Read the Speaking Notes[PDF]

Open Net Cage Aquaculture on Traditional Territory
In Blaney et al v. British Columbia (The Minister of Agriculture Food and Fisheries) et al. , 2005 BCSC 283, British Columbia Supreme Court Justice Powers applied the recent SCC decisions in Haida and Taku to rule that the Provincial Crown as represented by the Minister of Agriculture Food and Fisheries, had not met its duty to consult with the Xwémalhkwu First Nation (Homalco Indian Band) in his reasons for judgment handed down on March 2, 2005 Read the Case Comment [PDF]

Sacred Sites Under Threat
The sacred sites of indigenous peoples are under increasing threat worldwide as a result of state appropriation of control over ancestral territories, coupled with insatiable demands on lands, waters, and natural resources. Michael Ross, part of the Peter Grant legal team, has recently published a book to examine how the courts have responded.

First Nations Sacred Sites in Canada's Courts is published by UBC Press, and can be ordered here.

Announcements/News

Supporting the 2013 Vancouver Sun Run

Peter Grant Team participates in the 2013 Sun Run. Go to our News page for photo.

Retirement Announcement for Allan Early

Peter Grant and Associates announces the retirement of Allan Early from our firm on January 31, 2013. Allan joined our firm as an associate in June 1997.

For more than fifteen years Allan has practiced Aboriginal Law devoting himself to the Residential School Survivors Claims. Allan has also studied climate change as it affects First Nations.

Law has been Allan’s third major career and he says he is now shifting gears as he moves onto his fourth career.

Allan has been a valuable part of our legal team and will be missed at Peter Grant and Associates. We extend our best wishers for success in his future endeavors.

Peter Grant & Associates honoured to assist the Ktunaxa Nation in fight against proposed Jumbo Glacier Ski Resort

Peter Grant & Associates is honoured to assist the Ktunaxa Nation in its efforts to protect an area of great sacredness for its citizens and the Nation as a whole.
 
On November 30, 2012 Peter Grant & Associates filed an application for judicial review in the BC Supreme Court challenging the decision of the Minister of Forests, Lands and Natural Resource Operations to approve the Jumbo Glacier ski resort in the heart of Qat’muk, a site highly sacred to the Ktunaxa and the Ktunaxa Nation. Building the resort village in the heart of Qat’muk would seriously threaten the Ktunaxa’s traditional spiritual and religious ways, distinctive culture and identity.

Peter Grant & Associates Welcomes Krystle Tan to the Firm

Krystle C. Tan joined our firm as an associate this past July. She will be assisting in advising First Nations on matters of economic development, corporate governance, consultation and accommodation, and treaty negotiations. We welcome Krystle and her experience to our team. For further details please see Krystle’s biography.

Aboriginal Consultation and Accommodation in a Multi Project Setting

Presentation to the Western Canada Aboriginal Law Forum by Myron Barr.
More

April 27, 2009: Hagwilget Village Gets Justice After 50 Years

A small First Nation community in northern BC has made history for itself today. Read More

More News…