Beaver v. Hill, 2018 ONCA 816
| Jurisdiction | Ontario |
| Judge | Lauwers, van Rensburg and Nordheimer JJ.A. |
| Citation | 2018 ONCA 816 |
| Date | 12 October 2018 |
| Court | Court of Appeal (Ontario) |
| Docket Number | C64766 |
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17 practice notes
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SO YOU WANT TO IMPLEMENT UNDRIP.
...customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights"). 104 In Reaver v Hill, 2018 ONCA 816, a decision in part about whether Ontario law or Haudenosaunee law should govern a dispute about custody, spousal and child support, the Ont......
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Ontario Court Of Appeal Summaries (October 8 12, 2018)
...not preclude certification in these circumstances. Thus, proceeding as a class action would achieve judicial economy. Beaver v Hill, 2018 ONCA 816 [Lauwers, van Rensburg and Nordheimer C.G. Paliare, B.R.G. Smith, and A.K. Lokan, for the appellant Niman, M. McCarthy, S. Strathopolous, J. Rad......
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Aboriginal Title, Self-Government, and Indigenous Jurisdiction in Canadian Law.
...(90) Ibid at para 127. (91) R v Secretary of State for Foreign and Commonwealth Affairs, [1981] 4 CNLR 86 at 123. (92) Beaver v Hill, 2018 ONCA 816 at para 17 [Beaver (93) As discussed in the introduction, the approach of the QCCA represents a possible alternative to self-government through......
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FINDING RECONCILIATION IN DARK TERRITORY: COASTAL GASLINK, COLDWATER, AND THE POSSIBLE FUTURES OF DRIPA.
...ibid. (49) 2014 FC 747 [Alderville]. (50) Ibid at. para 40. (51) Ibidax para 39 [emphasis added]. (52) Supra note 21 at para 8. (53) 2018 ONCA 816. (51) Ibid at para (55) Coastal GasLink 2, supra note 9 at para 72. (56) Ibid-at. pata73. (55) Ibid at paras 72-73. (56) See ibid at paras 43, 1......
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11 cases
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Neshkiwe v. Hare, 2020 ONCJ 149
...challenge to the Court’s jurisdiction. That concession was based on the Ontario Court of Appeal’s ruling in Beaver v. Hill, 2018 ONCA 816 concerning how interim issues are to be dealt with, pending a trial of a section 35 claim. [86] It was also at this point that the mother agreed to withd......
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R. v. Brennan,
...deference to case management decisions: Jordan, at paras. 138-139. [16] In Beaver v. Hill 2018 ONCA 816 the Court of Appeal addressed the propriety of using the court’s summary dismissal power on claims of alleged Aboriginal or treaty rights ......
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Capone v. Fotak,
...simpliciter is established: Beaver v. Hill, 2017 ONSC 7245, 4 R.F.L. (8th) 53, at para. 146, rev’d in part on other grounds 2018 ONCA 816, 428 D.L.R. (4th) 288, leave to appeal ref’d [2019] S.C.C.A. No. 82. This makes sense in that if a court lacked jurisdiction from the outse......
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Neshkiwe v. Hare, 2020 ONCJ 285
...little to no weight should be placed on it. To answer that question, I am guided by the Court of Appeal’s comments in Beaver v. Hill, 2018 ONCA 816 about the importance that pleadings play in framing the issues. So here, I return to M’Chigeeng First Nation’s and the mother’s pleadings, and ......
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1 firm's commentaries
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Ontario Court Of Appeal Summaries (October 8 12, 2018)
...not preclude certification in these circumstances. Thus, proceeding as a class action would achieve judicial economy. Beaver v Hill, 2018 ONCA 816 [Lauwers, van Rensburg and Nordheimer C.G. Paliare, B.R.G. Smith, and A.K. Lokan, for the appellant Niman, M. McCarthy, S. Strathopolous, J. Rad......
5 books & journal articles
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SO YOU WANT TO IMPLEMENT UNDRIP.
...customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights"). 104 In Reaver v Hill, 2018 ONCA 816, a decision in part about whether Ontario law or Haudenosaunee law should govern a dispute about custody, spousal and child support, the Ont......
-
Aboriginal Title, Self-Government, and Indigenous Jurisdiction in Canadian Law.
...(90) Ibid at para 127. (91) R v Secretary of State for Foreign and Commonwealth Affairs, [1981] 4 CNLR 86 at 123. (92) Beaver v Hill, 2018 ONCA 816 at para 17 [Beaver (93) As discussed in the introduction, the approach of the QCCA represents a possible alternative to self-government through......
-
FINDING RECONCILIATION IN DARK TERRITORY: COASTAL GASLINK, COLDWATER, AND THE POSSIBLE FUTURES OF DRIPA.
...ibid. (49) 2014 FC 747 [Alderville]. (50) Ibid at. para 40. (51) Ibidax para 39 [emphasis added]. (52) Supra note 21 at para 8. (53) 2018 ONCA 816. (51) Ibid at para (55) Coastal GasLink 2, supra note 9 at para 72. (56) Ibid-at. pata73. (55) Ibid at paras 72-73. (56) See ibid at paras 43, 1......
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Six Examples Applying the Meta-Principle Linguistic Method: Lessons for Indigenous Law Implementation.
...Through Federal UN Declaration Legislation" (June 2021), online (pdf): Inuit Tapiriit Kanatami [perma.ee/7G4PAGH6], (128) Beaver v Hill, 2018 ONCA 816 at para (129) See CED 4th (online), Conflicts or Law, "Characterization of the Legal Issue: Proof of Foreign Law" (III.4) at [section] 101, ......
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