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Becoming a Hereditary Chief – A Conversation with Merle Alexander on National Indigenous Peoples Day
On a car trip out to T’iyt Tribe territory to visit MT+Co. clients, I had the chance to ask Merle Alexander, lawyer and Principal of First Nations Economic Development at MT+Co., a few questions about his recent recognition as a hereditary chief in his coastal Tsimshian community of Kitasoo. The hereditary leaders of Kitasoo (also…
Read MorePipeline Dream + Constitutional Nightmare: Trans Mountain is Approved (Again)
On June 18, 2019, in a decision that came as no surprise, the Governor-in-Council (“GiC”) approved the Trans Mountain Expansion Project (“TMX”)—a major pipeline project in which Canada wears the hats of Crown fiduciary, regulator and, as of around this time last year, owner. While there may be several sides to the debate over the…
Read MoreMT+Co. and First Nations Equity Ownership at the Indigenous Opportunities Forum
I had the opportunity to attend the Greater Vancouver Board of Trade Indigenous Opportunities Forum last Friday at the Fairmont Hotel. After a beautiful welcome to the territory by Chief Leah George-Wilson of the Tsleil-Waututh Nation (and lawyer at MT+Co.), Tamara Napoleon, Principal at MT+Co. and Co-leader of the Indigenous Law Group, moderated a panel…
Read MoreMissing the (Trade) Mark?
Sweeping Amendments to Trademark Act ‘Globalizes’ Registry System; Fails to Address Protection of Indigenous Knowledge Canada’s Trademark Act is getting a major renovation on June 17, 2019 to align our trademark registration system with international standards. Here’s a quick breakdown on what to expect, and some tips on what you can do this week to…
Read MoreCanada’s Digital Charter: Trying to Put the Data Genie Back in the Bottle
On May 21, 2019 (happy belated birthday to the author), Canada’s Minister of Innovation, Science and Economic Development (“Minister”) announced Canada’s new Digital Charter, a set of 10 principles aimed at Canada’s increasingly digital and data-driven economy. The Digital Charter is the result of extensive consultations through the National Digital and Data Consultations launched in…
Read MoreAttorney General SLAPPs Public Interest Bill on the Table
PPPA + SLAPP The Honourable David Eby, Attorney General, has introduced legislation aimed at enhancing freedom of expression and public participation, entitled the Protection of Public Participation Act (“PPPA”) into the Legislative Assembly of British Columbia. In his introduction of the PPPA (Bill-2) to the BC Legislature, Eby noted that the “…purpose of this act…
Read MoreDiscovering Fiduciary Duties and Professional Obligations Anew? Canada Issues Directive on Civil Litigation Involving Indigenous Peoples
The battle over the interpretation and implementation of section 35 rights guaranteed by the Constitution Act, 1982 (“Constitution”) has played out primarily in Canadian courts, with Indigenous communities and individuals expending tremendous amounts time and resources trying to prove inherent rights. In issuing the Directive on Civil Litigation Involving Indigenous Peoples (“Directive”) on January 11,…
Read MoreAnother One Bites the Dust – The Plentiful Pitfalls of Non-Competition Clauses
A recent decision of the BC Supreme Court is a good reminder of the importance of extremely careful drafting of non-competition clauses. In Campbell & Fairweather Psychology Group, 2018 BCSC 1916 (“Campbell”), Justice Baird dismissed an application for an interlocutory injunction based a non-competition clause. The plaintiffs owned a psychology clinic in Nanaimo, BC and…
Read MoreHave Your Say on Canada’s Munchies and More: Federal Government Seeks Input on Proposed Rules for Cannabis Edibles, Extracts, and Topicals
The federal government has taken steps towards a second wave of cannabis legalization by announcing a set of proposed rules governing the production and sale of cannabis edibles, extracts, and topical body products, and initiating a 60 day public consultation process, including in particular with respect to Indigenous peoples. The first wave of legalization came…
Read MoreA Cannabis Workplace Legal Development to Note
As the Province of British Columbia continues to churn through the hundreds of retail cannabis license applications, there are a host of new requirements coming into force that govern BC employers operating in the retail cannabis space. The Worker Qualification Regulation (the “Regulation”) was enacted pursuant to the Cannabis Control and Licensing Act (the “Act”)…
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