March 30, 2017 - Dear Mayor Canfield, thank you for taking the time to meet with us on February 15 in Kenora. As you know, we met with various members of the local Indigenous community at the Ne-Chee Friendship Centre, visited the Kenora Jail and met with Treaty 3 Grand Chief Francis Kavanaugh. During these visits we heard about challenges faced by Indigenous people related to education, child welfare, policing, corrections, and housing.
This document explains the legal backdrop for the Commission’s Policy Framework. It is divided into two main sections. The first provides an overview and summary of key legal principles from some significant legal decisions. This section aims to help readers understand the relevant legal background when seeking to conciliate or otherwise reconcile competing rights claims. The second part of the document surveys the leading cases that deal with competing rights. It also provides examples of situations where the leading cases, and the key principles from them, have been applied by courts and tribunals. It is divided by the types of rights conflicts that most commonly arise. The cases are discussed in some detail as the specific factual context of each case is so important to the rights reconciliation process.