Jack Woodward

Last updated

Jack Woodward
KC
Jack headshot May 23 2018.jpg
Woodward in 2018
Born (1951-10-03) 3 October 1951 (age 72)
Alma mater
OccupationLawyer
Political party New Democratic Party
Website jackwoodward.ca OOjs UI icon edit-ltr-progressive.svg

Jack Woodward KC (born 3 October 1951) is a Canadian lawyer. He specializes in Canadian Aboriginal law and is the author of Aboriginal Law in Canada, [1] which is considered the leading Canadian publication on Aboriginal Law. [2]

Contents

Woodward was named to Maclean's Power List [3] in February 2022 as one of the top 50 Canadians who are forging paths, leading the debate and shaping how we think and live. [4] Woodward has practiced law since 1979, primarily in the areas of Aboriginal law and environmental law. He has represented more than a hundred First Nations groups and organizations in a wide variety of legal actions including the landmark case, Tsilhqot'in Nation v British Columbia , the first successful Aboriginal title claim in Canada. [5] [6]

In 1980 he ran as a political candidate for the New Democratic Party in the Canadian federal election for the riding of North Vancouver—Burnaby.

Woodward wrote the first draft of section 35 of the Constitution Act, 1982, which provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. Ian Waddell, in his book Take the Torch: A Political Memoir, states that Woodward drafted the clause in January 1981, during negotiations in Ottawa with Minister of Justice Jean Chrétien. [7] This is also referred to in the book Box of Treasures or Empty Box? Twenty Years of Section 35 on page 18. [8]

In 1988 he established the legal firm, Woodward and Company. He was also an adjunct professor of law at the University of Victoria for sixteen years, where he was instrumental in creating the university's first course in Aboriginal law.

In December 2011 Woodward was instated as a Queen's Counsel [9] for the Canadian province of British Columbia.

Family history

Jack Woodward's great aunt, Elizabeth Woodward, was married to John Oliver, the 19th premier of British Columbia. [10] His great uncle was Mark Sweeten Wade.

Publications

Aboriginal Law

Aboriginal Law is a comprehensive collection of all the laws in Canada relating specifically to Aboriginal people. International law, constitutional law, statute, common law and custom are all covered, with updates six times per year and frequent revisions to whole chapters and sections in this rapidly-evolving field. Native Law was reviewed by the Alberta Law Review Society which described the text as, "a valuable aid for legal researchers who wish to establish a background in the subject area as well as for practitioners who need to know what law applies to specific issues before them." [11]

Consolidated Aboriginal Law Statutes, Regulations and Treaties

Under the editorial direction of Jack Woodward, this work continues to bring together a timely consolidation of the significant statutes, regulations, and treaties that have an impact on the area of native law. Additionally, this text contains helpful finding tools that simplify research, including a detailed master table of contents, a table of contents for each statute, and a comprehensive key word index.

Bullen & Leake & Jacob's Canadian Precedents of Pleadings

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. Woodward wrote part 1 which covers critical underlying principles through discussion and application within some of the more challenging areas of Aboriginal Law.

MacMillan Bloedel Ltd. v Mullin, 1985

Source: [12]

In 1984, members of the Nuu-chah-nulth First Nation and other protesters blocked MacMillan Bloedel’s access to its logging operations on Meares Island which is located in the Clayoquot Sound region of British Columbia. The dispute falls under the assertion by the Province of British Columbia who designates the targeted land as Crown Land, whereas protesters claimed that by allowing logging on Meares Island, there would be a direct interference with Aboriginal title. [13] A court injunction was sought to halt MacMillan Bloedel's operations until the claim was resolved. The Martin (Meares Island) case was adjourned by agreement of the Nuu-chah-nulth First Nation, MacMillan Bloedel, and the governments of British Columbia and Canada. The injunction on logging is still in effect and none of the parties have requested resumption of the trial. [13]

Tsilhqot’in Nation v. BC, 2014

Source: [14]

Tsilhqot’in Nation v. British Columbia is a landmark decision of the Supreme Court of Canada and the first case to successfully establish a declaration of Aboriginal title over land that a nation had historically occupied. [14] The underlying circumstances that established the reasoning behind that case begin in 1983 when the province issued licence to Carrier Lumber to begin logging in the remote areas of central British Columbia which was claimed by the Xeni Gwet'in band of the Tsilhqot'in Nation. The Xeni Gwet'in filed suit seeking a court declaration that would prohibit Carrier Lumber's commercial logging operations in this area, and establish their claim for Aboriginal title to the land. After five years at trial, both the federal and provincial governments opposed the title claim which resulted to a final appeal to the Supreme Court of Canada. The Supreme Court, led by Chief Justice Beverly McLachlin, unanimously allowed the appeal. The Supreme Court of Canada ruled that the Tsilhqot'in people were entitled to a declaration of Aboriginal title to the 1,750 square kilometre region they had historically occupied. [14]

Fort McKay First Nation v Prosper Petroleum Ltd, 2020

Source: [15]

On 24 April 2020, the Alberta Court of Appeal released a decision in Fort McKay First Nation v Prosper Petroleum Ltd, allowing Fort McKay First Nation's (FMFN) challenge to the Alberta Energy Regulator's (AER) decision to approve Prosper Petroleum's oil sands project. In granting its approval of the project, the AER did not consider the negotiations between the Alberta government and FMFN over land management and the impacts of future oil sands development on FMFN’s Treaty 9 rights. [15] The Alberta Court of Appeal determined that the failure to consider these negotiations in the AER decision was not in keeping with the honour of the Crown. [16] The court vacated the project approval and directed the Alberta Energy Regulator to reconsider whether the project is in the public’s best interest after considering FMFN's Treaty 8 rights. [15]

Related Research Articles

<span class="mw-page-title-main">Clayoquot Sound</span> Body of water on the west side of Vancouver Island, Canada

Clayoquot Sound is located on the west coast of Vancouver Island in the Canadian province of British Columbia. It is bordered by the Esowista Peninsula to the south, and the Hesquiaht Peninsula to the North. It is a body of water with many inlets and islands. Major inlets include Sydney Inlet, Shelter Inlet, Herbert Inlet, Bedwell Inlet, Lemmens Inlet, and Tofino Inlet. Major islands include Flores Island, Vargas Island, and Meares Island. The name is also used for the larger region of land around the waterbody.

<span class="mw-page-title-main">Tsilhqotʼin</span> Indigenous people in British Columbia, Canada

The Tsilhqotʼin or Chilcotin are a North American tribal government of the Athabaskan-speaking ethnolinguistic group that live in what is now known as British Columbia, Canada. They are the most southern of the Athabaskan-speaking Indigenous peoples in British Columbia.

<i>Delgamuukw v British Columbia</i> 1977 Supreme Court of Canada case

Delgamuukw v British Columbia, [1997] 3 SCR 1010, also known as Delgamuukw v The Queen, Delgamuukw-Gisday’wa, or simply Delgamuukw, is a ruling by the Supreme Court of Canada that contains its first comprehensive account of Aboriginal title in Canada. The Gitxsan and Wet’suwet’en peoples claimed Aboriginal title and jurisdiction over 58,000 square kilometers in northwest British Columbia. The plaintiffs lost the case at trial, but the Supreme Court of Canada allowed the appeal in part and ordered a new trial because of deficiencies relating to the pleadings and treatment of evidence. In this decision, the Court went on to describe the "nature and scope" of the protection given to Aboriginal title under section 35 of the Constitution Act, 1982, defined how a claimant can prove Aboriginal title, and clarified how the justification test from R v Sparrow applies when Aboriginal title is infringed. The decision is also important for its treatment of oral testimony as evidence of historic occupation.

The Chilcotin region of British Columbia is usually known simply as "the Chilcotin", and also in speech commonly as "the Chilcotin Country" or simply Chilcotin. It is a plateau and mountain region in British Columbia on the inland lee of the Coast Mountains on the west side of the Fraser River. Chilcotin is also the name of the river draining that region. In the language of the Tsilhqot'in people, their name and the name of the river means "those of the red ochre river". The proper name of the Chilcotin Country, or Tsilhqotʼin territory, in their language is Tŝilhqotʼin Nen.

<span class="mw-page-title-main">Mount Tatlow</span> Mountain in British Columbia, Canada

Tŝ’ilʔoŝ, also known as Mount Tatlow, is one of the principal summits of the Chilcotin Ranges subdivision of the Pacific Ranges of the Coast Mountains of southern British Columbia. Standing on an isolated ridge between the lower end of Chilko Lake and the Taseko Lakes, it is 3,063 m (10,049 ft) in elevation.

Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. Land is a major economic asset, and in some Indigenous societies, using natural resources of earth and sea form the basis of their household economy, so the demand for ownership derives from the need to ensure their access to these resources. Land can also be an important instrument of inheritance or a symbol of social status. In many Indigenous societies, such as among the many Aboriginal Australian peoples, the land is an essential part of their spirituality and belief systems.

<span class="mw-page-title-main">Ehattesaht First Nation</span> First Nations government in British Columbia

The Ehattesaht First Nation is a First Nations government covering about 660 km^2 on the West Coast of Vancouver Island in the British Columbia, Canada. It is a band that is one of the 14 Nuu-Chah-Nuulth Nations and is now a member of the Nuu-chah-nulth Tribal Council. In the modern-day, there are currently only 539 registered members as of October 2021. with a language that has been lost over the years as the British Columbia government states that there are only 52 speakers of the language.

<span class="mw-page-title-main">Huu-ay-aht First Nations</span> First Nations band government in British Columbia, Canada

The Huu-ay-aht First Nations is a First Nations based on Pachena Bay about 300 km (190 mi) northwest of Victoria, British Columbia on the west coast of Vancouver Island, in Canada. The traditional territories of the Huu-ay-aht make up the watershed of the Sarita River. The Huu-ay-aht is a member of the Nuu-chah-nulth Tribal Council and is a member of the Maa-nulth Treaty Society. It completed and ratified its community constitution and ratified the Maa-nulth Treaty on 28 July 2007. The Legislative Assembly of British Columbia passed the Maa-nulth First Nations Final Agreement Act on Wednesday, 21 November 2007 and celebrated with the member-nations of the Maa-nulth Treaty Society that evening.

The Xeni Gwetʼin First Nation is a First Nations government located in the southwestern Chilcotin District in the western Central Interior region of the Canadian province of British Columbia. It is a member of the Tsilhqotʼin Tribal Council.

<span class="mw-page-title-main">Canadian Aboriginal law</span> Canadian law regarding indigenous people

Canadian Aboriginal law is the body of law of Canada that concerns a variety of issues related to Indigenous peoples in Canada. Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. Aboriginal peoples as a collective noun is a specific term of art used in legal documents, including the Constitution Act, 1982, and includes First Nations, Inuit and Métis people. Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canadian Aboriginal Law enforces and interprets certain treaties between the Crown and Indigenous people, and manages much of their interaction. A major area of Aboriginal law involves the duty to consult and accommodate.

The British Columbia Treaty Process (BCTP) is a land claims negotiation process started in 1993 to resolve outstanding issues, including claims to un-extinguished indigenous rights, with British Columbia's First Nations.

<span class="mw-page-title-main">Meares Island</span> Island in British Columbia, Canada

Meares Island is one of the many islands surrounding the Village of Tofino, British Columbia, Canada. Its name was given in 1862 by George Henry Richards, captain of HMS Hecate, in honor of John Meares. The island is located in the Clayoquot Sound region and is the location of Opitsat, the main village of the Tla-o-qui-aht First Nations, and was the location of Fort Defiance, a short-lived American fur-trading post founded by Captain Robert Gray.

Nemaiah Valley, also spelled Nemiah Valley and Nemaia Valley, is an unincorporated locality and First Nations reserve and ranching community between Chilko Lake and the Taseko Lakes in the Chilcotin District of the Central Interior of British Columbia.

<span class="mw-page-title-main">Tsilhqotʼin National Government</span> Tribal council in British Columbia, Canada

The Tsilhqotʼin National Government (TNG), is the official First Nations government serving the Tsilhqotʼin Nation. Their office is located in Williams Lake, British Columbia, Canada. The member communities represented by TNG are ʔEsdilagh, Tsi Del Del, Yunesitʼin, Tlʼetinqox, Xeni Gwetʼin, and Tlʼesqox. Tlʼesqox also belongs to the Carrier-Chilcotin Tribal Council, as does Ulkatcho - a community with both Dakelh (Carrier) & Tsilhqotʼin heritage. TNG was established in 1989.

The lack of treaties between the First Nations of British Columbia (BC) and the Canadian Crown is a long-standing problem that became a major issue in the 1990s. In 1763, the British Crown declared that only it could acquire land from First Nations through treaties. Historically, only two treaties were signed with the First Nations of British Columbia. The first of these was the Douglas Treaties, negotiated by Sir James Douglas with the native people of southern Vancouver Island from 1850 to 1854. The second treaty, Treaty 8, signed in 1899, was part of the Numbered Treaties that were signed with First Nations across the Prairie regions. British Columbian Treaty 8 signatories are located in the Peace River Country or the far north-east of BC. For over nine decades no more treaties were signed with First Nations of BC; many Native people wished to negotiate treaties, but successive BC provincial governments refused until the 1990s. A major development was the 1997 decision of the Supreme Court of Canada in the Delgamuukw v. British Columbia case that Aboriginal title still exists in British Columbia and that when dealing with Crown land, the government must consult with and may have to compensate First Nations whose rights are affected.

The following is an alphabetical list of topics related to Indigenous peoples in Canada, comprising the First Nations, Inuit and Métis peoples.

<span class="mw-page-title-main">Santa Cruz de Nuca</span> 1789–1795 Spanish settlement in Vancouver Island, Canada

Santa Cruz de Nuca was a Spanish colonial fort and settlement and the first European colony in what is now known as British Columbia. The settlement was founded on Vancouver Island in 1789 and abandoned in 1795, with its far northerly position making it the "high-water mark" of verified northerly Spanish settlement along the North American west coast. The colony was established with the Spanish aim of securing the entire west coast of the continent from Alaska southwards, for the Spanish crown.

<span class="mw-page-title-main">Clayoquot protests</span>

The Clayoquot protests, also called the War in the Woods, were a series of blockades related to clearcutting in Clayoquot Sound, British Columbia. They culminated in mid-1993, when 856 people were arrested. The blockades in the summer of 1993 against logging of the temperate rainforest were the largest act of civil disobedience in Canadian history until the 2021 Fairy Creek blockades.

<i>Tsilhqotʼin Nation v British Columbia</i> 2014 Supreme Court of Canada case

Tsilhqotʼin Nation v British Columbia is a landmark decision of the Supreme Court of Canada that established Aboriginal land title for the Tsilhqotʼin First Nation, with larger effects. As a result of the landmark decision, provinces cannot unilaterally claim a right to engage in clearcut logging on lands protected by Aboriginal title; they must engage in meaningful consultation with the title holder before they proceed. Although the Aboriginal title holder does not have to consent to the activity, meaningful consultation is required before infringement of the right can take place.

In Canada, aboriginal title is considered a sui generis interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems. The Supreme Court of Canada has characterised the idea that aboriginal title is sui generis as the unifying principle underlying the various dimensions of that title. Aboriginal title is properly construed as neither a real right nor a personal right, despite the fact that it appears to share characteristics of both real and personal rights. Aboriginal title refers to the concept of a sui generis right in land that originates from the exclusive occupation and use of a specific territory by an aboriginal group over which the group has a native historic attachment.

References

  1. Woodward, Jack (1989). Native Law. Toronto: Carswell. ISBN   0459332716.
  2. "Thomson Reuters Canada". Thomson Reuters.
  3. "The Power List".
  4. "The Power List".
  5. Lavoie, Judith (20 May 2018). "B.C. First Nation launches first ever case to extend Aboriginal title to ocean" . Retrieved 3 January 2019.
  6. Hunter, Troy (30 January 2017). "Opinion: The land question should be a matter of concern". Vancouver Sun. Retrieved 3 January 2019.
  7. Waddell, Ian (2018). Take the Torch: A Political Memoir. Gibsons, BC, Canada: Nightwood Editions. pp. 126, 127. ISBN   978-0-88971-347-5.
  8. Walkem, Ardith; Bruce, Halie (2003). Box of treasures or empty box?: twenty years of Section 35. Theytus Books. ISBN   1-894778-13-8.
  9. "Queen's Counsel Appointments - 2011". The Canadian Bar Association. 22 December 2011.
  10. "Biography – OLIVER, JOHN – Volume XV (1921-1930) – Dictionary of Canadian Biography". www.biographi.ca. Retrieved 5 August 2020.
  11. "CanLII | Book Review - Native Law, by Jack Woodward". commentary.canlii.org. Retrieved 21 August 2020.
  12. MacMillan Bloedel Ltd. v. Mullin, 1985 CanLII 154 (BC CA)
  13. 1 2 Joseph, Bob. "Meares Island case 1985". www.ictinc.ca. Retrieved 28 August 2020.
  14. 1 2 3 Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, [2014] 2 S.C.R. 256
  15. 1 2 3 Fort McKay First Nation v Prosper Petroleum Ltd, 2020 ABCA 163
  16. Bankes, Nigel (28 April 2020). "The AER Must Consider the Honour of the Crown |" . Retrieved 22 April 2021.