Dionne Schulze is honoured to represent the Assembly of First Nations of Québec-Labrador in its intervention before the Supreme Court of Canada | Cour suprême du Canada in the case of Attorney General of Québec v. Pekuakamiulnuatsh Takuhikan.

This case concerns the funding of the First Nations Policing Program (FNPP) in Canada and the constitutional obligations of Quebec and Canada to provide adequate support to Indigenous policing services.

Marie-Eve Dumont will appear for the Assembly of First Nations of Québec-Labrador at the appeal hearing on April 23.

The Supreme Court of Canada’s decision in this case may have important implications for the funding of Indigenous policing services and the interpretation of contract between the Crown and First Nations in Canada.

For more information: https://www.canadianlawyermag.com/news/general/scc-hearing-case-with-implications-for-government-funding-of-first-nations-police-services/380588

David Schulze is proud to have been invited to participate in the first Additions to Reserve Policy Redesign Engagement Session held in Montreal by the First Nations Lands Managers Association for Quebec and Labrador.

A second session is scheduled for April in Wendake. The recommendations resulting from these discussions will then be presented to Crown-Indigenous Relations and Northern Affairs Canada.

The nominations for the 2024 edition of the Canadian Legal Lexpert Directory have finally been announced.

We are proud to be listed as one of the most frequently recommended Quebec law firms in Aboriginal law. Thanks to our peers for recognizing our lawyers’ deep expertise and commitment to legal excellence.

Congratulations to David Schulze, Elisabeth Patterson and Jameela Jeeroburkhan for once again being recognized by their peers for their expertise in Aboriginal law!

Dionne Schulze is proud to have organized a week-long workshop on Indigenous class actions, which took place at McGill University’s Faculty of Law from February 26 to March 1, 2024, as part of Focus Week.

Marie-Alice D’Aoust, Sarah-Maude Belleville-Chénard, and Léa Lemay Langlois worked with the 16 students enrolled in the workshop to explore the potential of class actions in the Indigenous context to redress the historical wrongs of colonialism in Canada, particularly in the areas of health, education, and child services.

They explored from a critical perspective the legal, political, and ethical issues raised by the use of class actions as a procedural tool in the context of systemic harms in an institutional context. The workshop emphasized skill building for a trauma-informed approach to the legal profession.

The week concluded with a simulated negotiation exercise in which students were given an opportunity to apply ethical and legal principles as well as specific negotiation techniques learned in class to develop a draft settlement agreement for a fictional class action lawsuit concerning Indigenous health policy.

On January 20, the radio show Kwé, Bonjour hosted Joëlle Perron-Thibodeau to talk about justice and comment on the recent Quebec Superior Court decision R. v. Montour. During this interview with Sophie-Claude Miller and Sylvestre Desterres, Joëlle Perron-Thibodeau shared about her career as a Kanien’kéhà:ka lawyer, and presented various aspects of the decision, including the place of traditional #Indigenous systems in analyzing relations with the Crown as well as the new test to prove an #aboriginal right.

To quote paragraph 458 of the decision: “In the culture of the Haudenosaunee, there is a golden thread that runs through generations. It weaves together their desire, their efforts and their determination through all those years to live in peace.”

You can listen to Joëlle Perron-Thibodeau here: https://canalm.vuesetvoix.com/limportation-de-tabac-a-kahnawake/

https://canalm.vuesetvoix.com/radio/emission/kwe-bonjour/

A turning point in the history of Aboriginal law: Two decades after the Mitchell decision, a Quebec court has made an exceptional turnaround. Quebec Superior Court Justice Sophie Bourque concluded that the Kanien’kehá:ka (Mohawks) have an aboriginal right to freely pursue economic development.

Taking into account the entry into force of the Canadian Act respecting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and the societal shift towards reconciliation, the Court considers that the criteria for departing from the precedent set in 1996 by the Supreme Court in Van der Peet have been met, and determines a new test for the judicial recognition of Aboriginal rights. Although under appeal, this major decision, commented on by our lawyers Elisabeth Patterson and Joëlle Perron-Thibodeau in the article “A new era in Canadian law” in the Canadian Bar Association National Magazine, will assuredly help reshape the foundations of Aboriginal law in Québec and in Canada.

To access CBA National Magazine article “A new era in Canadian law” by Doug Beazley: https://www.nationalmagazine.ca/en-ca/articles/law/in-depth/2023/a-new-era-in-canadian-law

We’re proud to be recognized once again by The Globe and Mail as one of Canada’s best law firms in Aboriginal Law and/or Indigenous Law. Congratulations to all of our lawyers who have contributed to this recognition: Jameela Jeeroburkhan, David Schulze, Elisabeth Patterson, Marie-Eve Dumont, Nick Dodd, Maryse Décarie-Daigneault, Léa Lemay Langlois, Sarah-Maude Belleville-Chenard, Sara Andrade, David Janzen, Joëlle Perron-Thibodeau, Marie-Alice D’Aoust, Rose Victoria Adams and Wade MacAulay.

Congratulations to all firms recognized! 👏

To read the Globe and Mail’s article

On October 27th and 28th, the Université de Montréal hosted a Civil Law Symposium organized by the Black Law Students’ Association of Canada under the theme “The most difficult, is to dare”.

As a sponsor of this 8th edition, Dionne Schulze is proud to have contributed to the success of this event. Congratulations to all who contributed to the success of this event! 👏

On October 21, 2021, the Southern Gaspésie Professional Fishermen’s Association (“Regroupement des pêcheurs professionnels du sud de la Gaspésie”), the Maritime Fishermen’s Union, the Prince Edward Island Fishermen’s Association and the Gulf Nova Scotia Fleet Planning Board asked the Federal Court to invalidate the 2021 Fisheries Rights and Reconciliation Agreement between the Listuguj Mi’gmaq Government and Canada. This five-year agreement establishes shared and collaborative fisheries management between the Mi’gmaq community and the federal government.

On October 12, the Federal Court agreed to hear some of the plaintiffs’ claims on the merits. The claims regarding the recognition of rights granted under the agreement were declared invalid by Justice William F. Pentney, who noted that the federal government has the power to recognize and give effect to ancestral and treaty rights. Such rights that have been recognized by the federal government are protected by section 35 of the Constitution, even if they have not yet been recognized or upheld by a court.

However, the Court upheld the claim that the non-Indigenous fishermen were not consulted in the process of reaching the agreement, while they had the right to act in the public interest. However, the judge specified that the law had not yet established the criteria for such a consultation and the obligation to include non-Indigenous persons who have an interest before reaching an agreement.

In addition, the judge pointed out that if ministers had an obligation to involve the claimants in the process of negotiating an agreement, that obligation was in no way equivalent to the constitutional duty to consult Aboriginal peoples. 

According to Mr. David Schulze, the question of consultation with non-Indigenous peoples is limited in scope, as consultation with non-Indigenous fishermen would likely not have changed the content of the agreement between the federal government and the Mi’kmaq community.

To read more: click here (in French only).

In French Guyana, Quassia amara, known locally as Couachi, is known for its antimalarial properties. This plant was patented in 2018 by the Institut de recherche pour le développement (IRD). However, this plant was identified by scientists thanks to the traditional knowledge of Guyana’s Indigenous peoples.

Although IRD finally abandoned the patent three years ago, Guyana’s Indigenous peoples continue to fight for recognition of the contribution of their traditional knowledge, since the patent is still considered valid. The Indigenous peoples of French Guyana see this patent as a case of biopiracy: their ancestral knowledge has been confiscated by laboratories linked to multinational corporations, while excluding the true authors of the discovery. They argue that the patent is illegal because it was drafted without regard for the rights of Indigenous peoples recognized by international treaties and, more importantly, because it violates the 2017 Law on Biological Diversity.

In Quebec, research on traditional knowledge used to treat the symptoms of diabetes was conducted by the Cree and researchers from McGill University, the University of Ottawa and Université de Montréal (UdeM). In 2009, the Crees signed a research agreement which respects the Eeyouch’s inherent right to intellectual property arising from collective knowledge to protect against biopiracy. In addition, the agreement, negotiated with the help of Elisabeth Patterson, stipulated that the Crees had a veto over all of the research group’s publications and could refuse to move toward commercialization. If they agreed, commercialization could only take place through a non-profit corporation.

It should be noted that although the agreement was not renewed, the scientists did publish.

See: https://ici.radio-canada.ca/espaces-autochtones/2015738/biopiratrie-connaissances-autochtones-medecine-brevet (in French only)

Plaintiffs U.T. and M.X. are leading a class action on behalf of Atikamekw women who underwent procedures that impaired their fertility  at the CISSS de Lanaudière (Joliette hospital) without having given their free and informed consent, particularly because of  systemic discrimination.

The class action was certified by the Superior Court of Quebec on August 16. For more information: Quebec judge authorizes class action by Atikamekw women alleging forced sterilizations

On July 26^th, the Canadian Human Rights Tribunal approved a new compensation deal for victims of Canada’s First Nations child-welfare system. The Tribunal had previously found that the government discriminated against First Nations children and youth by underfunding on-reserve child and family services and by failing to pay essential healthcare costs.

The $23 billion package is the long-awaited culmination of a 16-year legal battle between the federal government and two First Nations organizations (the Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society of Canada). The settlement is intended to provide compensation for approximately 300,000 First Nations children, youth, and families who experienced systemic discrimination and racism from 1991 onward. The deal also includes a stipulation that the Minister of Indigenous services will seek an apology from Prime Minister Justin Trudeau for the injustices and abuses experienced by First Nations children.

The deal was unanimously endorsed by the Assembly of First Nations (AFN) chiefs-in-assembly. It will next be submitted to the Federal Court for final approval prior to the disbursement of funds.

To read more : https://www.cbc.ca/news/politics/human-rights-tribunal-approves-first-nations-child-welfare-deal-1.6919219

The Minister of Crown-Indigenous Relations and Reginald Percival and Kenneth Weistche, the court-appointed representative plaintiffs, announced today that a settlement agreement has been reached in the Percival class action concerning the placement of Indigenous children in boarding homes by the Government of Canada.

The Government of Canada will provide individual compensation for having been placed in a boarding home, as well as compensation for incidents of physical and sexual violence or other abuse. The Government of Canada will also invest $50 million to support commemoration, healing, languages and culture.

Class members will have the opportunity to review the proposed settlement agreement and submit comments to the Federal Court by August 25, 2023.
The proposed settlement will be submitted to the Federal Court for approval from September 12 to 14, 2023. The Court will consider whether the settlement is fair, reasonable, and in the best interests of the class members. Once approved by the Court, the compensation and other benefits will be available to eligible class members.

Dionne Schulze represents the Quebec subclass in this action, in collaboration with Klein Lawyers LLP, which represents the national class.

To read the news release : https://www.canada.ca/en/crown-indigenous-relations-northern-affairs/news/2023/06/final-agreement-reached-to-resolve-percival-class-action.html

To read the settlement agreement : https://www.dionneschulze.ca/wp-content/uploads/2021/10/IBH-Settlement-Agreement-signed-03.pdf

Happy National Indigenous Peoples’ Day! 🎉 To mark the occasion, the federal government has released its Action Plan regarding the United Nations Declaration on the Rights of Indigenous Peoples Act. What’s it all about? 🤔

Exactly two years ago, Canada adopted the Act, which aims, among other things, to ensure that federal legislation complies with the United Nations Declaration on the Rights of Indigenous Peoples, and to implement an action plan to achieve the objectives of the Declaration.

The Action Plan was drawn up following consultations with various Indigenous governing bodies and organizations across the country. It addresses various rights covered by the Declaration, such as the rights to self-determination, self-governance, treaty recognition and implementation, lands, territories and resources, culture, spirituality, language and education. While a step in the right direction, the Action Plan is nevertheless not a complete solution to ensuring respect for UNDRIP rights, nor does it fully meet the expectations of the various First Nations and Inuit co-drafters.

The Action Plan is divided into five chapters: shared priorities for Indigenous peoples, First Nations priorities, Inuit priorities, Métis priorities, and Indigenous Modern Treaty Partner priorities.

Dionne Schulze is pleased to highlight the unprecedented inclusion in the Action Plan of the creation of an independent mechanism for oversight, monitoring, recourse and remedy in matters of Indigenous peoples’ rights, managed by Indigenous peoples. Another novelty in the Canadian legal landscape stemming from the Action Plan is the federal government’s commitment to ensuring that Canadian intellectual property laws and regulations respect UNDRIP rights.

Dionne Schulze has developed leading expertise regarding UNDRIP. In fact, Elisabeth Patterson took part in April in a panel discussion on UNDRIP at the Grand Rassemblement 2023 des Peuples autochtones et des municipalités du Québec , with the support of Joëlle Perron-Thibodeau. Last November, Ms. Patterson also gave a presentation with the help of Sara Andrade explaining how incorporating the Declaration into Canadian law could place greater emphasis on the need to obtain the consent of Indigenous peoples. You can find her presentation here. Rose Victoria Adams also led an engagement session on UNDRIP with Inuit organizations Qarjuit Youth Council and Makivvik Corporation.

#undrip #nationalindigenousday

The Action Plan : https://www.justice.gc.ca/eng/declaration/ap-pa/ah/pdf/2023-06-20_UNDA_Action_Plan_EN.pdf

Elisabeth Patterson’s presentation (in French only) : https://lnkd.in/eakEEfWR

Monday, May 22, was the International Day for Biological Diversity . This year’s theme was: “From agreement to action: Build back biodiversity”. The United Nations used this occasion to emphasize the importance of implementing by 2030 the Kunming-Montreal Global Biodiversity Framework action plan, signed last December at COP15. To celebrate #BiodiversityDay in the heart of Montreal, the Dionne Schulze team gathered at the Botanical Gardens on Friday, May 19, and had the opportunity to admire the remarkable biodiversity whose protection guides our daily work.

https://www.un.org/en/observances/biological-diversity-day

Ahead of the Canadian Bar Association’s (“CBA”) Aboriginal Law Conference, which took place from May 10 to 12 in Ottawa, the CBA magazine asked lawyers practicing in the field to reflect on the future of Indigenous self-government in Canada, particularly in light of the Supreme Court’s highly anticipated decision on the constitutionality of Bill C-92. Me Nicholas Dodd shared some of his thoughts on this extremely important topic.

Me Léa Lemay Langlois was recently asked to give a presentation to the Masters in Applied International Law and Politics (maîtrise en droit international et politique internationale appliqués (DIPIA)) summer school. The theme of this year’s summer school was “Major International Meetings: Their Impact on the Creation and Evolution of International Law”.

Léa Lemay Langlois gave a presentation on Indigenous peoples’ assertion of their interests, in particular their mobilization of United Nations and Interamerican organizations in the development of  international norms.

This presentation aimed to highlight the impact of Indigenous peoples as non-state actors, as subjects of international law, and as stakeholders in the development of this law. The aim was to give an idea of the wide range of areas covered by the “international law of Indigenous peoples”.

Léa Lemay Langlois acknowledges the importance of the discussions that took place after her presentation with students who were very interested in the subject. She would also like to thank the

She would also like to thank the Faculty of Law of the University of Sherbrooke for inviting her to participate in this event.

The Aboriginal Law Section of the Canadian Bar Association (CBA) will hold its first in-person conference since the pandemic from May 10-12, 2023 in Ottawa. The conference’s theme is “Implementation of Indigenous Self-Governance: Beyond Recognition.” Jameela Jeeroburkhan of Dionne Schulze will chair a panel discussing the Specific Claims Tribunal. The conference will open with a reception in honour of the late Peter W. Hutchins, co-founder of the Aboriginal Law Section. The conference will be held in English and French with simultaneous translation.

September 13th, 2022 marks the 15th anniversary of the United Nations Declaration on the Rights of Indigenous Peoples, which sets minimum standards for the survival and well-being of Aboriginal Peoples, including their right to protect their traditional territories.

Although many states and jurisdictions have already implemented it, the Government of Quebec has been slow to do so, fearing that the right of Aboriginal Peoples to free, prior and informed consent (FPIC) would be detrimental to economic development.

With the signatories from the business and justice communities, Aboriginal and non-Aboriginal, we argue in this open letter published September 13th, 2022 in Le Devoir that it is high time to implement the Declaration and that respecting FPIC will not prevent economic development but will promote development that is sustainable and respectful of First Nations and Inuit.

👉 You can read our open lettre here : LETTER UNDRIP

✍️ If you wish to join the list of signatories on our website, please contact Me Joëlle Perron-Thibodeau at :

Dionne Schulze is very proud to announce that David Schulze, Elisabeth Patterson, and Jameela Jeeroburkhan have once again been recognized by their peers for the excellence of their work in Aboriginal law and listed in The 2023 Canadian Legal Lexpert® Directory* edition. This recognition confirms our colleagues’ well-deserved place among the best lawyers in Canada.

The entire team is also very pleased that Dionne Schulze and its partners continue to be listed by Lexpert as one of the most frequently recommended Quebec law firms in the field of Aboriginal law.

⇒Click here to find out more.

It was with sadness that the Dionne Schulze team learned of the death of Me Peter W. Hutchins on January 13. Me Hutchins was among the first legal advocates for the rights of Aboriginal peoples in Canada. His many accomplishments include the negotiation of the James Bay and Northern Quebec Agreement for the Eeyou of Eeyou Istchee (Cree of Quebec) in 1975, the first modern treaty in Canada, as well as a key intervention before the Supreme Court of Canada in the Sioui case which recognized the 1760 Murray Treaty between the Crown and the Huron-Wendat.  Many at Dionne Schulze had the privilege of working with Me Hutchins and learning from his years of experience, creativity and passion for Aboriginal rights advocacy. We are grateful for his intellectual legacy to Canadian law and offer our deepest condolences to his family.

Me Peter Hutchins’ Obituary

Ottawa, plaintiffs agree to settle ‘Indian boarding homes’ class action, CBC, January 3rd, 2023

The Canadian government and lawyers for survivors have reached an agreement-in-principle to settle a class-action lawsuit over the operation of boarding homes for Indigenous students attending public schools between 1951 and 1992.

Claimants will receive a baseline payment of $10,000 if they were placed in a boarding home. They will then be eligible for anywhere between $10,000 and $200,000 in additional payments depending on the severity of abuse.

On December 15, 2022, Bill S-219 came into force, designating January 4 as “National Ribbon Skirt Day.” It is hoped that this legislation will allow Canadians to further their understanding and education of Indigenous culture and heritage, specifically the ribbon skirt, which is a symbolic piece of clothing for Aboriginal women.

In December 2020, Isabella Kulak, an 11-year-old girl from Cote First Nation in Saskatchewan, suffered derogatory comments from an educational assistant after she wore a traditional ribbon skirt to a school formal event.

Thanks to Isabella and many others’ activism, Cree Senator Mary Jane McCallum introduced the bill to declare January 4 as National Ribbon Skirt Day in honour of Aboriginal women and girls. The bill describes the ribbon skirt as “a spiritual symbol of womanhood, identity, adaptation and survival, and […] a way for women to honour themselves and their culture,” but it is also a symbol of women’s resistance against ongoing violence and colonialism. For Senator McCallum, the message conveyed by this legislation is strong. “It shows that we collectively support youth through the healthy transitions into adulthood. We need to offer them support to resist stereotypes and to replace this with strong and affirming messages and images of themselves. This includes naming and challenging negative cultural messages and abuse of power in society.”

Class action being pursued on coerced sterilization of First Nations, Inuit women in Quebec Windspeaker.com, December 7, 2022 – Me Lea Lemay Langlois is quoted

Twelve Atikamekw women are taking legal action against the regional health authority that operates Joliette hospital in Quebec and three physicians. They are claiming sterilization without having given consent.

We are pleased to announce that Dionne Schulze has been recognized as one of Canada’s top law firms by the Globe and Mail. We are one of only 20 firms working in Aboriginal Law from across the country to have been recognized. Almost 25,000 lawyers and legal professionals were actively invited to participate in the survey.
This is a fine recognition for our team and our talented lawyers

On November 24th, Me Sarah-Maude Belleville-Chénard and Me Léa Lemay Langlois will speak, at the 2nd edition of the Quebec Bar’s conference on recent developments in Aboriginal law, chaired by Me Kateri Vincent.

RECENT DEVELOPMENTS IN ABORIGINAL RIGHTS

On September 30th, the second National Day of Truth and Reconciliation mobilized thousands of people dressed in orange in the streets of Tio’tià:ke/Mooniyang (Montreal) in honour of the victims of residential schools. Leading figures from different Indigenous communities, including Nakuset, Maggie Chittspattio, Ellen Gabriel, Grand Chief Kahsennenhawe Sky-Deer and Chief Jessica Lazare, Steve McComber, Elisapie Isaac and Maya Cousineau Mollen, spoke up against past and ongoing colonial violence against Indigenous peoples. In addition to the recognition of a remarkable historical resilience, a strong message emerged from this day: much more change and work is needed to achieve the goals of truth and reconciliation.

The establishment of a national Truth and Reconciliation Day was called for in the Truth and Reconciliation Commission’s Call to Action 80.  It was important for Dionne Schulze’s team to participate in this event that put forward values that are fundamental to our practice with Indigenous peoples. We encourage you to take part in this day and to take note of the many resources that speak to the challenges that must be overcome and the means to overcome them, including:

• The Report of the Royal Commission on Aboriginal Peoples (October 1996);
• UN Declaration on the Rights of Indigenous Peoples (September 2005)
• Truth and Reconciliation Commission Reports (December 2015);
• The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (June 2019);
• Public Inquiry Commission on relations between Indigenous Peoples and certain public services in Québec: listening, reconciliation and progress (Commission Viens) (November 2019);
• Coroner Gehane Kamel’s inquest report regarding the death of Joyce Echaquan (October 2021).

In French only:

Residential school: a lawsuit to recognize the cultural impact on communities – TVA Nouvelles, September 12, 2022 – David Schulze is quoted

A lawsuit seeking recognition of the impact of residential schools on Aboriginal communities, related to the loss of culture and language, has just begun at the Federal Court in Vancouver. The lawyers, representing 325 First Nations, more than half of all First Nations in the country, are seeking compensation for the collective impacts suffered.

September 13th, 2022 marks the 15th anniversary of the United Nations Declaration on the Rights of Indigenous Peoples, which sets minimum standards for the survival and well-being of Aboriginal Peoples, including their right to protect their traditional territories.

Although many states and jurisdictions have already implemented it, the Government of Quebec has been slow to do so, fearing that the right of Aboriginal Peoples to free, prior and informed consent (FPIC) would be detrimental to economic development.

With the signatories from the business and justice communities, Aboriginal and non-Aboriginal, we argue in this open letter published September 13th, 2022 in Le Devoir that it is high time to implement the Declaration and that respecting FPIC will not prevent economic development but will promote development that is sustainable and respectful of First Nations and Inuit.

👉 You can read our open lettre here : LETTER UNDRIP

✍️ If you wish to join the list of signatories on our website, please contact Me Joëlle Perron-Thibodeau at .

Dionne Schulze is very pleased to announce that David Schulze and Elisabeth Patterson have been recognized by their peers among countless talented colleagues and will be honoured in the 17th edition of The Best Lawyers in Canada™ for their high-quality work in Aboriginal law / Indigenous practice.
Elisabeth Patterson has been recognized as the “Lawyer of the Year” for the Montreal area in Aboriginal law / Indigenous practice.
In addition, David Schulze is also listed among the best lawyers practising Aboriginal law for the 16th consecutive year.
Congratulations!

Best Lawyers Canada – 2023

“Constitution architecture dramatically altered following Quebec Appeal Court decision: legal experts”, The Lawyer’s Daily, March 4, 2022 – Nicholas Dodd is quoted

The architecture of the Canadian Constitution has been dramatically altered, with the emergence of a third level of government, after the Quebec Court of Appeal ruled that Indigenous people possess an […]

“Major takeaways of the decision Reference to the Court of appeal of Quebec in relation with the Act respecting First Nations, Inuit and Métis children, youth and families”, by Nicholas Dodd

On February 10, 2022, the Quebec Court of Appeal released its judgment regarding the constitutionality of An Act respecting First Nations, Inuit and Métis children, youth and families. In finding the Act mostly constitutional, the Court emphatically confirmed that s. 35 of the Constitution Act¸1982 protects Indigenous peoples’ right to self-government. No appeal court in Canada has ever taken this step, and the Court’s judgment will have far-ranging consequences for the rights of Indigenous peoples. Jameela Jeeroburkhan and Nicholas Dodd of Dionne Schulze assisted an intervening party in preparing its written submissions and Nicholas has prepared a short summary of the major takeaways from the decision to help you understand more.

[Read more]

In French only

“The Trans-Systemic Law Lab“, in Focus Law by McGill University Faculty of Law, 2021-2022 – Portrait of Me Jameela Jeeroburkhan

Portrait of four people who attended law school at McGill between 1992 and 2016 – the span of a generation. What do they have in common? All four took turns doing research at the Paul-André Crépeau Centre for Private and Comparative Law, whose mission is to develop and promote the Canadian civil law tradition from a comparative perspective. And like many members of the McGill graduate community, this quartet has a lot to say!

Paul Dionne, founding partner of Dionne Schulze, named Advocatus Emeritus (Ad.E) by the Barreau du Québec

Dionne Schulze is proud that one of its founders, Mr. Paul Dionne, a retired lawyer, is one of the recipients of the Advocatus Emeritus (Avocat Émérite) 2021 distinction.

The Ad. E. distinction is awarded by the Barreau du Québec to those amongst its members who have distinguished themselves by the excellence of their professional career, their exceptional contribution to the profession or their exceptional influence in their social environment which has reflected on the legal profession.

Mr. Dionne has had an exceptional career, the highlights of which are listed below. The Dionne Schulze team would like to congratulate him on this well-deserved honour!

Mr. Paul Dionne has represented Inuit organizations, as well as First Nations and tribal councils, with rigour and dedication, for almost 40 years. His practice included the negotiation of treaties, administrative agreements, specific claims and business contracts, as well as the defence of Aboriginal rights before the courts. He successfully represented First Nations in various cases before all levels of court, including the Supreme Court of Canada, and several Indigenous groups before parliamentary committees. He retired as of March 31, 2019. [Read more here (in French only)]

“Granting Quebec river legal personhood, ‘changes our relationship with nature,’ lawyer says”, Lawyer’s Daily, 16 March 2021 – Sarah-Maude Belleville-Chénard is quoted

An internationally renowned white water river in Quebec was granted legal personhood, a first in Canada, in an effort to protect its ecosystems from future development following the adoption of two parallel resolutions by a local Indigenous community and municipality, setting the stage for a similar effort for the St. Lawrence River.

In French only

“Nature and Its Rights”, McGill University Faculty of Law, Winter 2021 – Sarah-Maude Belleville-Chénard is quoted.

The distinctive approach of McGill’s Faculty of Law provides fertile ground for cutting-edge thinking on the environment and sustainable development, as evidenced by three research projects conducted by members of this Faculty at the post-graduate level. Ms. Sarah-Maude Belleville-Chénard is leading one of these research projects and is attempting to understand the role and place of indigenous knowledge in the construction of the discourses on the rights of nature and their governance.

In French only

“Death of the young Atikamekw woman, Joyce Echaquan – Interview with David Schulze, lawyer practicing in Aboriginal Law”, 98.5 Montréal radio station, 2nd october 2020

David Schulze talks about the Atikamekw community of Manawan, its history and its people.

“Quebec judge rules in favour of Anishinaabe professor over Indian Act inequities”, CBC News, 11 August 2020 – Nicholas Dodd is quoted

Great win by Nicholas Dodd of Dionne Schulze: children of women who were enfranchised as unmarried adults will be treated the same as children of their sisters automatically enfranchised by marrying non-Indian men before 1985.

The Dionne Schulze team keeps its distances and its good spirits by maintaining cyber-communications. Our employees continue to work every day, from home, with dedication and passion on Aboriginal issues. Our cameras have captured not only the various backgrounds but also the everlasting heart that we put in our work. Do not hesitate to contact us by email or by phone if you need our firm’s help.

“Absurdity ad infinitum: Status and the Indian Act”, Anishinabek news, 25 February 2020 – Nick Dodd represents Karl Hele and is quoted

In 1985, the Conservative government officially ended enfranchisement with Bill C-31 and restored Indian Status to thousands of people albeit with some serious asterisks. Some of those asterisks were removed in 2011, 2016, and 2019. Yet, more remain encoded within section 6 of the current Indian Act.

In French only:

“Understanding Unceded Indigenous Territories“, Radio Canada Info, February 18, 2020 – Interview with Elisabeth Patterson

In the context of the movement in support of the Wet’suwet’en Nation across the country, Me Elisabeth Patterson underlines in a televised interview on the 6:00 p.m. news the importance for the Government of Quebec to establish a constant and respectful dialogue with First Nations, especially regarding the new Quebec GNL pipeline project, which will go through several territories of First Nations who retain their ancestral rights.

“Adopting UNDRIP into law”, The Canadian Bar Association, 15 January 2020 – Jameela Jeeroburkhan is quoted.

As Canada’s Liberal government works to implement the United Nations Declaration on the Rights of Indigenous Peoples, questions remain around what its impact will be in the Canadian legal context.

« New Truth and Reconciliation website: a resource for the legal community », CBA News, 13 September 2019

In August 2016, the Canadian Bar Association (CBA) adopted a resolution to take internal action in support of the TRC’s Calls to Action and, in 2018-2019, Ms. Jeeroburkhan sat on a CBA Task Force mandated to direct the organization on implementing this resolution. On September 13, 2019, the CBA task force’s work culminated in the launch of a new Truth and Reconciliation website (amongst other results), which is to be a communications vehicle for the entire Canadian legal community.

In French only:

Radio interviews with David Schulze on the federal Indian day schools class actions, SOCAM, 1^st and 2^nd of May 2019 – David Schulze is interviewed by Réjean Nequado and Tania Rock-Picard

In the coming months, the Federal Court will be asked to approve the settlement of a nationwide class action against Canada to compensate survivors for the harm they suffered while attending federally administered Indian day schools. The proposed settlement with Canada includes any person who attended a federal Indian day school, including First Nations, Inuit and Métis.

Beginning in 1920, the Government of Canada established and managed more than 700 Indian day schools. It is estimated that nearly 200,000 Aboriginal children (First Nations, Inuit, Métis, and Non-Status Indians) attended a federally run Indian day school. Many of these children have suffered trauma and, in some cases, physical and sexual abuse from persons whose duty it was to take care of these children.

The proposed settlement agreement was negotiated by the Government of Canada and the lawyer representing the McLean class members to resolve this dispute through conciliation and to find a lasting and tangible solution for former students of Indian day schools.

3 communities, Manawan, Obijewan, and Pessamit, called upon Mr. Schulze to pursue the class action file.

Dionne Schulze is proud of Ms. Sarah-Maude Belleville-Chenard, who was appointed in June 2018 to the Liaison Committee of the Bar with the Human Rights Tribunal.

Mandate of the Committee: To provide the liaison between the Montreal Bar and the Human Rights Tribunal, a tribunal that constitutes an important mechanism for the implementation of the rights and freedoms guaranteed by the Quebec Charter of Human Rights and Freedoms. The purpose of the committee is to discuss various issues raised by Tribunal members and lawyers in order to find solutions for the continuous improvement of the Tribunal’s operations.

“In Person – Jameela Jeeroburkhan”, CBA/ABC national, summer 2018

Jameela Jeeroburkhan is a partner at Dionne Schulze in Montreal, where she helps Indigenous clients navigate complex litigation and negotiates on their behalf with governments and industry. She is an executive committee member of the CBA’s National Aboriginal Law Section.