“New abuse evidence not enough to reopen rejected Indian residential school claims, says court”, CBC News, 17 January 2018 – David Schulze comments.
Ottawa went to court seeking to stop the reopening of rejected cases
A British Columbia Supreme Court justice ruled Wednesday that new evidence of abuse was not enough to reopen rejected Indian residential school compensation claims.
“St. Anne’s residential school survivors want mediation, say Ottawa keeps fighting claims”, CBC News, 15 January 2018 – David Schulze comments.
Ottawa has gone to court to stop reopening of more residential school cases while Survivors from an Indian residential school that used a homemade electric chair for punishment want the federal government to enter into mediation to settle their claims.
“Law means thousands can get Indian status, but government hasn’t provided any forms to fill out”, National Post, 22 December 2017
According to a government website, ‘Detailed instructions about how to apply for Indian status under Bill S-3 will be posted on this website in the coming weeks’.
“St. Anne’s Indian Residential School cases in Ottawa’s legal crosshairs”, CBC News, 29 November 2017
David Schulze is quoted as lawyer for Independent Counsel.
Podcast : « Powerline – Part 2-The Project of the Century », Outside/In, 16 November 2017
David Schulze is interviewed as lawyer for the Innu of Pessamit (also see Part 3).
“’Essential step': Liberals move to end sex-based status discrimination in Indian Act”, CBC News, 8 November 2017
As many as 1.4 million people of First Nations descent would be eligible for status under the government’s broadened plan to end sex-based discrimination in the Indian Act.
“Canada Moves Closer to Gender Equity for Indigenous Women”, The New York Times, 14 November 2017
The Canadian Senate approved legislation last week to amend a 141-year-old law that has prevented indigenous women and their descendants from obtaining the same rights allotted to indigenous men, including some tax breaks, the ability to vote for indigenous governments, access to land on reserves and expanded health care coverage.
“The debate on consultation”, Canadian Lawyer. 6 November 2017
David Schulze is quoted as lawyer for the Nunavik Inuit on their intervention before the Supreme Court.
“Canada tells Court: Residential school survivors not entitled to fairness”, Press release, 1 October 2017
Factum of the Appellants (September 1st, 2007) (Ontario Court of Appeal)
“Indigenous Affairs Is A Sinking Ship – Naming 2 Captains Won’t Help’”, by David Schulze, Huffington Post, 14 September 2017
August 2017: David Schulze and Paul Dionne are listed among the best lawyers in the field of Aboriginal Law in Canada for the eleventh year in a row.
September 1st, 2017: It has been announced that Elisabeth Patterson, David Schulze and Paul Dionne will once again be listed among Montréal’s leading practitioners in the field of Aboriginal Law in 2018.
“Ottawa given until Christmas to address discriminatory provisions in Indian Act”, The Lawyer’s Daily, 24 August 2017
The federal government dodged a potential crisis that would have halted Indian status registrations after the Quebec Court of Appeal begrudgingly gave Ottawa until Christmas to address sex-based discriminatory provisions in the Indian Act and complete a bill that has been held up by the Senate.
“Court gives Liberals until Christmas to fix Indian Act, but warns time for parliament to act ‘now ending’”, National Post, 18 August 2017
In the wake of a dramatic showdown at the end of the parliamentary year in June, a Quebec Court of Appeal decided Friday to give Liberals until Dec. 22 to finalize the bill (to amend the Indian Act) that’s been held up by the Senate.
“Liberals show signs of compromise over Indian status”, Winnipeg Free Press, 10 August 2017
In a Montreal court Wednesday (August 9), the government sought another six months to respond to an August 2015 court decision, which ruled the Indian Act discriminates by withholding Indian status from women who marry non-Indigenous men, as well as their descendants.
“Appeal court postpones ruling that would have suspended Indian status registrations”, Law in Quebec, 3 July 2017
The Quebec Court of Appeal granted a safeguard order today that temporarily postpones a court ruling – to the hearing date of August 9th, 2017 – that would have suspended new Indian status registrations as of July 4th.
“Government delays shutdown of Indian status-registration amid legislative deadlock”, National Post, 4 July 2017
The Liberal government has prevented — or at least delayed — a complete shutdown of the Indian status registration system via a last-minute effort.
“Plaintiffs in landmark Indian Act court case side with Senate, seek deadline extension”, National Post, 14 June 2017
The government is rushing an Indian Act update through the Commons because of a court-mandated July 3 deadline, but it isn’t asking for an extension despite the court’s apparent openness to the idea and the plaintiffs’ motion to that effect.
“Ottawa passes on extension for bill to remove sexism from Indian Act”, The Globe and Mail, 14 June 2017
The federal Liberal government is passing up the chance to request an extension to a court-ordered deadline to remove sexist elements of the Indian Act, despite pleas from senators and others who say more time is needed to fix the legislation that leaves some sexism in the Act untouched.
“With House, Senate disagreeing over bill, judge rules against deadline extension for Indian Act changes”, National Post, 20 June 2017
After the July 3 deadline, status registration under the Indian Act will grind to a halt unless new laws are in place.
“Quebec judge won’t extend deadline for Indian Act changes – for now”, Legal Feeds, 22 June 2017
The Superior Court of Québec dismissed a motion by the plaintiffs in a sexual discrimination case to extend Parliament’s deadline for passing a bill to amend the Indian Act.
“Status registration could halt next week as judge refuses to grant government more time to fix Indian Act”, National Post, 29 June 2017
A freeze on new Indian status registrations could begin late next week after a Quebec judge ruled against granting parliament more time to get its act together.
“Federal and provincial governments need to demonstrate “stronger engagement” towards duty to consult, says UN panel”, Law in Quebec, 26 June 2017
“What is an Indian”, Vice News Canada, 25 May 2017
The Liberal government is planning to reject an amendment to the Indian Act proposed by the Senate that could give as many as two million Indigenous people Indian status.
“Senators, government in another time-sensitive showdown — this time over the Indian Act”, National Post, 1st June 2017
If a new law proposed last month by the Liberals doesn’t pass by July 3, problematic sections of the Act will be struck down by the Quebec Superior Court
“Feds say they can’t accept Senate changes to bill aiming to end Indian Act sexism”, The Globe and Mail, 2 June 2017
The Senate has put the federal Liberals in the awkward position of having to preserve provisions of the Indian Act that discriminate against Indigenous women and prevent as many as two million Canadians from qualifying for the benefits that go with Indian status.
“MPs reject Senate’s changes to bill targeting sexism in the Indian Act”, CBC News, 15 June 2017
The Commons committee on Indigenous and Northern Affairs has rejected a Senate amendment that sought to remove all gender-based discrimination from the Indian Act.
Sorry, this entry is only available in Français.
“The federal government has until July 3 to eliminate all discriminatory clauses of the Indian Act or face a legal void that would be deeply problematic for Quebec’s indigenous population ”, Montreal Gazette, January 24, 2017.
“A Quebec judge has reluctantly granted the federal government additional months to change sections of the Indian Act that she declared to be discriminatory saying more time had already been allowed than is usual under similar circumstances”, The Globe and Mail, January 24, 2017.
“The federal government has until Feb. 3 to abide by a Quebec Superior Court ruling ordering it to amend discriminatory clauses in the Indian Act. If the government can’t meet the deadline, the ruling will invalidate entire sections of the law, making it practically impossible to register status Indians in the province”, Montreal Gazette, January 6, 2017.
“Another court decision is forcing the federal government to amend the Indian Act. The Descheneaux decision means that sex based inequities in registration under the Indian Act must be eliminated”, APTN National News, December 7, 2016
“The courts had no right to order compensation for a former altar boy, who was denied payment despite being raped by a priest at an Indian residential school, the federal government argues. M.F.’s lawyer David Schulze disputes the notion that allowing the decision to stand would open the floodgates to judicial reviews of settled claims”, National Newswatch, December 5, 2016
“Plaintiff in Indian Act case not happy government is pushing ahead with changes without proper consultation”, APTN National News, 22 November 2016
“Inuit organizations to intervene in Supreme Court seismic testing appeal”, CBC News, 27 September 2016
Galloway, Gloria. “Residential school compensation case caught in ‘arcane’ legal battle”, The Globe and Mail, 27 October 2016
Barrera, Jorge. “IAP adjudicator relied on ‘perverse finding of fact’ in case of residential school rape by priest”, APTN National News, 7 September 2016
Août 2016: David Schulze and Paul Dionne are listed amongst Canada Best Lawyers 2017 in the field of Aboriginal Law.
One of our lawyers, Marjolaine Olwell, is currently on a leave of absence until September 2016 as she pursues a Fellowship with the Rapporteurship on the Rights of Indigenous Peoples of the Inter-American Commission on Human Rights in Washington, D.C. The Commission is an autonomous body of the Organization of American States which has the mandate of promoting respect for human rights across the Americas.
During the course of her Fellowship, Marjolaine has worked on requests for precautionary measures aimed at protecting indigenous peoples’ rights to life, physical integrity, health, and collective property of their ancestral lands. She has also been called upon to support the processing of cases relating to indigenous peoples’ rights, the production of presentations at international seminars, the drafting of portions of thematic reports, in addition to helping with the coordination of hearings. For instance, she was in charge of the coordination of the Follow-Up Hearing on the Missing and Murdered Indigenous Women in British Columbia, Canada.
During her fellowship at the Commission, Marjolaine was also involved in the final meeting of the Working Group on the Draft American Declaration on the Rights of Indigenous Peoples, during which the final text of the American Declaration on the Rights of Indigenous Peoples was adopted.
June 2016: Elisabeth Patterson, David Schulze and Paul Dionne are recommended amongst Montréal leading practionners by Lexpert in the field of Aboriginal Law.
Curtis, Chirstopher. “Quebec First Nation wins case against government for 1918 dam that devastated the community”, National Post, 6 June 2016
Curtis, Chirstopher. “A century later, justice for Quebec First Nation devastated by power dam”, Montreal gazette, 6 June 2016
Fennario, Tom. « Quebec First Nation waiting to see if feds appeal specific claims ruling », APTN National News, 26 May 2016
Scarpino, Michel. « Une victoire historique », L’Écho de La Tuque, 26 May 2016
Marin, Stéphanie. « Les Atikamekw gagnent contre le fédéral pour leurs terres inondées en 1918 », La Presse.ca, L’actualité et le Journal Métro 26 May 2016
« Inondations de terres autochtones : victoire historique pour les Atikamekw d’Obedjiwan », Ici Radio Canada, 25 May 2016
Champagne, Sarah R. « Anticosti: Pétrolia ne forera pas cette année », Le Devoir, 3 August 2016
« Ottawa accusé de mauvaise foi dans le dossier des pensionnats autochtones », La Presse, 25 May 2016
Smith, Joanna, “Feds withholding residential school docs: lawyer”, The Record, 25 May 2016
“Ottawa drops appeal in case on women’s right to Indian status”, iPolitics, 25 February 2016
“Ottawa to amend Indian Act, eliminate ‘discriminatory’ clauses”, Montreal Gazette, 26 February 2016
« Statut d’Indien: les Abénakis ont gain de cause », Le Courrier Sud, 25 February 2016
« On évite l’extinction », Le Nouvelliste, 24 February 2016
« Dispositions de la Loi sur les Indiens jugées discriminatoires : Ottawa s’incline, les Abénaquis se réjouissent », Ici Radio Canada, 24 February 2016
“Une grande victoire pour les communautés autochtones de la région”, TVA Trois-Rivières, 24 February 2016
Patterson, Elisabeth. “The Sepur Zarco Trial from an Indigenous Law Perspective”, Blog of Lawyers Without Borders Canada, 27 April 2016
Millán, Louis. “Federal government given 18 months to amend Indian Act », Law in Quebec, 15 December 2015
Conseil des Abénakis d’Odanak. “The Abenaki win a Historic Victory”, Press Release, 6 August 2015
Curtis, Christopher. “Quebec court ruling could spark overhaul of Indian Act”, Montreal Gazette, 11 August 2015
Millán, Louis. “Parliament given 18 months to amend Indian Act”, The Lawyers Weekly, 4 September 2015
Champagne, Sarah R. “Les règles sur le statut d’Indien à nouveau jugées discriminatoires envers les femmes”, Le Devoir, 7 August 2015
Boileau, Josée. “Femmes autochtones – Un statut à gagner”, Le Devoir, 8 August 2015
Cousineau, Marie-Eve. Reportage “La Loi sur les Indiens jugée discriminatoire envers les femmes autochtones”, Ici Radio-Canada, 12 August 2015
« Reconstruction du quai de Mingan : des ministères fédéraux doivent dédommager les Innus », ICI Radio-Canada (23 November 2015) (In French)
11 May 2015: Dionne Schulze is rated one of the top 5 Aboriginal law boutiques in the country by Canadian Lawyer in the current issue.
Structuring Aboriginal/Non-Aboriginal Partnership Agreements in the Present Legal, Political and Social Context
Economic development in Quebec often takes place in Aboriginal territories or nearby. More and more Quebec companies wish to enter into business partnerships with Aboriginal individuals and corporations. How to be well prepared to enter into such partnerships and how to ensure they will successful in the long run? This interactive workshop which includes discussion panels and concrete exercises will provide you with the right tools for negotiating and drafting partnership agreements between Aboriginal communities and non-Aboriginal businesses.
For more information.
On November 27, 2014, Marjolaine Olwell wins the Pro Bono / Community Involvement prize (in French)
Abstract: The Dionne Schulze team is very proud to announce that one of our lawyers, Marjolaine Olwell, won the Pro Bono / Community Involvement prize awarded by the Young Bar Association of Montreal on November 27, 2014.
“Living together requires people to support one another. To do Pro Bono, one must have compassion, humanity, determination and energy” she says. And these are qualities that we recognize in her in her day-to-day practice among us. We are grateful and offer her our most sincere congratulations!
“Court to Crown: Please stop making excuses for not fulfilling your treaty obligations”, by Senwung Luk, OKT, 27 August 2014
« Québec Court of Appeal upholds Cree, Inuit and Naskapi treaty rights », CNW, 11 August 2014
Opitciwan Specific Claims before the Tribunal (in French), 13 January 2014
http://www.radio-http://ici.radio-canada.ca/regions/mauricie/2014/01/13/002-proces-communaute-obedjiwan-tribunal-revendications.shtml?isAutoPlay=1 http://www.lactualite.com/actualites/quebec-canada/les-atikamekw-reclament-reparation-pour-linondation-de-leur-territoire-en-1918/ http://quebec.huffingtonpost.ca/2014/01/16/les-atikamekw-rclament-r_n_4611640.html http://fr-ca.actualites.yahoo.com/r%C3%A9servoir-gouin-les-atikamekw-revendiquent-190217555.html
Hearings of the Specific Claims Tribunal in Opitciwan (in French), 12 September 2013
2014’s Best Lawyers (in French), 15 August 2013
“Fixing Aboriginal Education”, David Schulze HuffingtonPost.ca (The blog), 17 July 2013
“Innu of Ekuanitshit launch court appeal”, The Telegram, 30 May 2013
“Quebec Innu Appeal Federal Court Ruling”, VOCM, 30 May 2013
First Nations Education: The federal government is on the wrong path (In French), David Schulze Le Huffington Post Québec, 25 May 2013
“Conviction of Guatemalan dictator a vindication for Montreal lawyers”, Catherine Solyom The Gazette, 11 May 2013
“Elisabeth Patterson: The Rios Montt trial – Have Efforts been made to integrate the Mayan Perspective?”, The Trial of Efrain Rios Montt & Mauricio Rodriguez Sanchez, 9 April 2013
“A date for the General”, Lyle Stewart, The Nation, 5 April 2013
“Why the federal government’s new approach isn’t enough to improve First Nations education”, The Hill Times – online, 25 March 2013
Prosecution of Rios Montt et Rodriguez Sanchez: nature of the charges (in french), Lawyers Without Borders Canada (22 March 2013)
Aboriginal Education: The Federal is on the wrong path (in French), David Schulze La Presse (6 March 2013):
Death of Gerald Papatie at the Hulldetention centre: Quebecordered to pay $243,000 to his family (in French), TVA Gatineau (5 march 2013)
“Family of Man killed in Hulljail awarded more than $200,000”, Sun News (4 March 2013)
Quebecmust pay for Papatie (In French), Le Journal de Montréal (4 March 2013)
The Papatie family wins their case against the Attorney General of Quebec(in French), Radio-Canada.ca (4 March 2013)
The Superior Court of Quebec rules in favour of the Papatie family (in French), La Revue (4 march 2013)
Quebecliable for the death of an inmate at the Hulldetention centre (in French), FM93 (4 march 2013)
Aboriginal issues: the laws that sparked the fire (in French), L’actualité.com (11 February 2013):
“Ekuanitshit opposes Muskrat Falls project” (in French), Radio-Canada.ca (5 February 2013) :
“Proceedings in Federal Court by Innu of Mingan concerning the Muskrat Falls project” (in French), Radio-Canada.ca (4 February 2013) :
“Aboriginal activists highlight importance of education”, The McGill Daily (29 January 2013):
“First Idle No More teach-in at McGill fosters discussion”, McGill Tribune.com (29 January 2013):
Innus of Ekuanitshit before the Federal Court on Muskrat Falls project (in French) « Les Innus d’Ekuanitshit en Cour fédérale à propos de Muskrat Falls », Faits et Causes (25 January 2013) :
Dionne Schulze is proud to launch its new website. The design of the new website is dynamic, professional, and user-friendly, in short reflective of Dionne Schulze’s team! If you have any comments or suggestions to improve browsing of the website, please do not hesitate to contact us at firstname.lastname@example.org.
Papatie trial: the plaintiffs complete their evidence (in French): « Procès Papatie : la poursuite a terminé de présenter sa preuve », Radio-Canada (19 October 2012) :
Family of former inmate who died in 2006 sues Quebec (in French):
« La famille d’un ex-détenu décédé en 2006 poursuit Québec », 107.7 FM (17 October 2012) :
The Papatie family asks the Province for compensation (in French): « La famille Papatie demande des dédommagements à la province », Radio-Canada (19 October 2012) :
The Papatie family sues Quebec for $400,000 (in French): « La famille Papatie poursuit Québec pour 400 000 $ », Le Droit (16 October 2012) :
« Family’s lawyers can interview guard in cell death », Ottawa Sun (12 March 2012) :
“Quebec Innu – Challenging the Lower Churchill in Federal court” CBC News (17 April 2012) :
“Taxation – The Supreme Court’s judgments” (in French), presentation by David Schulze on February 3, 2012, broadcast by community radio:
Part 1: http://www.socam.net/?s=archives&id=747&CATEGORIE=%&TRI=dateAjout&ORDRE=DESC&LIMIT=25
Part 2: http://www.socam.net/?s=archives&id=748&CATEGORIE=%&TRI=dateAjout&ORDRE=DESC&LIMIT=25
“What About Attawapiskat? Why the situation is not hopeless if we make better choices”, January 21 2012:
“Path to a Solution : The Story of the Crespieul Reserve”, Aboriginal Affairs and Northern Development Canada:
Taxation and economic development in Aboriginal communities (in French): « Fiscalité et développement économique en milieu autochtone », David Schulze (16 September 2010):
Setback for the Micmacs of Gaspé before the Supreme Court (in French): « Revers en Cour suprême pour les Micmacs de Gaspé » LaPresse (23 June 2010):
Innu of Ekuanitshit intervene on Lower Churchill project (in French): “Un frein au projet du Bas-Churchill” Radio-Canada (5 January 2010):
“Labrador hydro plan faces Innu rights claim” CBC News (4 January 2010):
Relocation of Aboriginal communities: to stay or go? (in French): “Relocalisation des communautés autochtones – Déménager ou rester là ?” Le Devoir (4 August 2007): http://www.ledevoir.com/societe/152374/relocalisation-des-communautes-autochtones-demenager-ou-rester-la
“New firm champions aboriginal, environmental law” Canada.com (1st June 2007):
Aboriginal right to consultation discussed at Québec Bar’s annual meeting 2005 (in French): “Besoin vital de changement”: (2005) 37 : 11 Journal du Barreau http://www.barreau.qc.ca/publications/journal/vol37/no11/besoin.html
State of Aboriginal law discussed at Québec Bar’s annual meeting 2000 (in French): “Le droit autochtone évolue mais à quell rythme”: (2000) 32: 13 Journal du Barreau
The Murray Treaty of 1760 with the Hurons discovered (video in French): “Les droits territoriaux des autochtones” Radio Canada : archives.radio-canda.ca
State of Aboriginal law discussed at Quebec Bar’s annual meeting 1998 (in French) : “Vaut mieux négocier avec les Autochtones”: (1998) 30 : 13 Journal du Barreau