Mapping Traditional Territory and Securing Aboriginal Rights, Interests and Jurisdiction
Nanda & Company Blog
by Avnish Nanda
2y ago
In collaboration with North Raven Consulting, Nanda Law is proud to unveil an innovative new consultation tool for First Nations in Alberta. The tool combines technical GIS mapping with precise legal analysis to inform First Nations in Alberta of current and emerging impacts on their traditional territory and treaty rights. With this information, First Nations are better able to anticipate and craft strategies to assert their jurisdiction and interests, minimize encroachment, and maximize benefits.   In Alberta, the traditional territories of First Nations are under threat by industr ..read more
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Elevating the Precautionary Principle to Constitutional Status under section 7 of the Charter
Nanda & Company Blog
by Avnish Nanda
2y ago
On September 1, 2015, the Canadian Environmental Law Association (“CELA”), on behalf of Grassy Narrows First Nation and members of the nation, filed an Application for Judicial Review of a pair of decisions made by the Ontario government (“Ontario”) with respect to how an authorized forest management plan (“plan”) will impact their constitutional rights. Members of the Grassy Narrows First Nation fish in the English-Wabigoon river system and have a traditional diet that relies heavily on area fish. Since the 1960s, there have been concerns over mercury poisoning in the watershed, including fis ..read more
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Litigating Death in Care Cases in Alberta
Nanda & Company Blog
by Avnish Nanda
2y ago
More than 775 children with some involvement with child protective services in Alberta have died since 1999. This past year alone, approximately 31 children have died while in provincial care or while receiving protective services. The vast majority of children dying in care are of Aboriginal heritage, and all come from marginalized backgrounds. Only until recently have the deaths of all children who die in provincial care been investigated. Prior to 2014, provincial fatality inquiries were only held into select deaths, with none of the findings and recommendations binding on the pro ..read more
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MSTH and LOPS Appeal Dismissal of Injunction Application
Nanda & Company Blog
by Avnish Nanda
2y ago
On January 31, 2022, the Alberta government will implement new restrictions on delivering and accessing supervised consumption services in the province. Among the restrictions is the requirement that to access these services, individuals will be asked to provide their Personal Health Number and other identifying details. This information will then be logged and stored in Alberta’s electronic medical records systems and shared with others without any further consent. Currently, around 5 people a day are dying of overdoses in Alberta, meaning it is more important than ever that supervised consum ..read more
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Challenging Alberta’s Restrictions to Supervised Consumption Sites
Nanda & Company Blog
by Avnish Nanda
2y ago
Alberta is in the midst of an unprecedented opioid overdose epidemic. Opioid overdose deaths have increased exponentially over the last five years, with 1,152 deaths in 2020 alone – more than twice the amount recorded in 2016. The rate of overdose deaths has increased in 2021; at least 4 people die of an overdose each day in Alberta. The reason behind the rise in overdose deaths is an increase of poisoned street-sourced opioid supply. More and more often, street-sourced opioids are being contaminated by synthetic opioids. If an individual is unaware that their substance is contaminated or poi ..read more
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Statement of iOAT Patients on AHS Decision to Continue iOAT Therapy in Existing Form in Alberta
Nanda & Company Blog
by Avnish Nanda
2y ago
Today, we received word that the iOAT program will be preserved for its current patients and that an ongoing review will determine if new patients can be accepted into the program in the future. This is incredible, life-saving news for our clients. On behalf of my clients, I want to thank everyone who advocated for these patients - their families, the addictions experts who weighed in on the case and guided it through, and the medical staff at AHS who never stopped caring deeply for their welfare. This point can’t be understated – this program has been highly politicized by the provincial gove ..read more
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IOAT Patients Appeal Injunction Dismissal
Nanda & Company Blog
by Avnish Nanda
2y ago
Today, we filed an appeal against the decision made by the Court of Queen’s Bench last week denying our injunction to keep the iOAT program operating while our lawsuit is before the courts. The court has acknowledged that we have an appropriate basis in law to file the suit, and could therefore keep program open if we were successful. It is not unreasonable to ask that a life saving program be allowed to continue while its existence is addressed in court. We’re filing this appeal to correct errors in law and fact in the ruling – including a specific section that rejected the testimony of recog ..read more
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Law as a Public Space
Nanda & Company Blog
by Avnish Nanda
2y ago
Sarah is in her early 20s, a single mother to an energetic 5-year-old. If you were to meet her, you would be struck by her unassuming presence and kindness. You would never suspect that Sarah is waging an extraordinary legal challenge against the Alberta government that may reshape Canadian law. Sarah spent much of her childhood and teenage years in government care. The abuse and neglect that led to Sarah’s apprehension only continued in the province’s care and she developed alcohol and drug dependencies to manage her trauma. However, at the age of 19 and with a young daughter in tow, Sarah wa ..read more
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Response to Alberta's Claim that Alternatives to iOAT are Available
Nanda & Company Blog
by Avnish Nanda
2y ago
A response to the Alberta government’s claim that patients of the Injectable Opioid Agonist Treatment (“iOAT”) are able to access alternative treatments through Alberta Health Services that will be effective as iOAT, and therefore there will be no disruption to the care and treatment received by the Plaintiffs and other iOAT patients. “Injectable opioid agonist treatment is the sole treatment that has proven effective for patients enrolled in iOAT.  When enrolling in this treatment program patients were not advised that the government or AHS intended to end the program. The arbitrary and ..read more
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The Partnership Families' Response to the Mediation Proposal of Habitat Edmonton
Nanda & Company Blog
by Avnish Nanda
2y ago
The Partnership Families engaged in a dispute with Habitat for Humanity – Edmonton Society (Habitat Edmonton) over changes to the organization’s housing program provide the following statement in response to the mediation proposal issued by Habitat Edmonton on June 30, 2020. From the moment that Habitat for Humanity - Edmonton Society proposed changes to its housing program, the Partnership Families have attempted to work with the organization to reach a fair and just resolution that would not result in the families being evicted from their homes. At every turn, Habitat Edmonton has refused o ..read more
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