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Hot off the press: Preparing an Aboriginal Rights Case — An Overview for Defence Counsel

Preparing an Aboriginal Rights Case — An Overview for Defence Counsel is a new online resource for lawyers interested in taking on an Aboriginal rights case.

Aboriginal rights give Aboriginal people the right to participate in their traditional activities on their ancestral lands. Aboriginal clients charged with a harvesting offence (such as illegal hunting or fishing) may be eligible for legal aid if their case affects their ability to follow a traditional livelihood of fishing, hunting, or gathering. For defence counsel who take on legal aid work, Aboriginal rights defences are different from the usual family or criminal law referrals.

The Preparing an Aboriginal Rights Case — An Overview for Defence Counsel booklet explains Aboriginal rights, outlines the issues involved, and summarizes the process of an Aboriginal rights case, including trial and alternatives to trial such as restorative justice solutions. The booklet also provides an overview of the leading case law.

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