Aboriginal Law

Our services…

Rory started Aboriginal cases in the 1970’s.  Over the past 40 years, he has contributed to the change in the law.  Highly experienced in interlocutory injunctions, Treaty claims, Specific Claims (for land) or business opportunities for First Nations, this is the firm to get your issues dealt with.

And in detail…

Rory’s wealth of knowledge and experience in Aboriginal Law and with issues specifically affecting First Nation communities enables him to bring clarity to clients.  He can help in obtaining Contribution Agreements, or negotiating accommodations for infringements of Aboriginal or Treaty Rights or Title.  He has years of experience in Treaty negotiation and can set up a practical and effective process to benefit your community.  

When Rory started Aboriginal claims in the 1970’s, he had to push hard for First Nation claims to be recognized.  He has contributed to the change in the law over the last 40 years.  With his understanding of the Indian Act, and experience in interlocutory injunctions, Treaty claims, Specific Claims (for land) or business opportunities for First Nations, Rory will be able to assist.

Aboriginal Law

Extensive expertise in Aboriginal Treaty Rights and Title, including land claims.

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Common Legal Terms Explained

In family law cases, the right to spend time with the children on a regular basis and to receive information on the children’s health, education, and well-being.

A person or corporation who has been charged with a crime.

Postponing a set court hearing to another date.

A written statement of facts which is sworn to be true.

A legal proceeding whereby a decision may be brought before a higher court for review.

A process similar to mediation where the parties choose an unbiased arbitrator to make a decision respecting a dispute. The arbitrator’s decision is binding, unlike in mediation.

When you are arrested, if you are held in jail by the arresting officer, you will then be taken before a judicial court for a hearing to determine whether or not you should be held in custody (in jail) or released while you are awaiting your trial.

A violation of the law or obligations placed on you. In instances where an accused has been arrested and released on bail, breach would refer to a violation of the conditions placed upon you when you were released on bail.

Legal decisions made by judges which form precedents (examples) for future cases in court.

A person who makes a claim in Family Court.

A conviction is not entered against the accused if certain conditions that are imposed are met. Any information or record relating to the offence cannot be disclosed after three years from the date of the discharge order, as long as all the conditions are met.

Where a sentence of imprisonment of less than two years is given, the judge may order that the sentence be served in the community subject to conditions.

A lawyer acting on behalf of the government who prosecutes (takes legal action against) the accused in criminal cases.

The party to whom a civil action is started against.

An alternative sentencing option when an accused is found guilty.  There will be no criminal record arising from the original charge. A conviction is not entered against the accused and any information or record relating to that offence cannot be disclosed after one year from the date of the discharge order.

Making information and documents known and available to a party in a proceeding. There are disclosure requirements placed on parties by law or court rules. Court records can also be disclosed to the public, subject to statutory provisions, common law rules or judicial direction restricting access to the records.

This is a pre-trial step in a civil action wherein a party may examine the other party in the action, verbally.

More serious criminal offences that carry longer maximum sentences and higher fines; these offences are also subject to more complex court procedures, including the right to a preliminary hearing before a trial in the Superior Court of Justice.

A process where the parties choose an unbiased mediator to help the parties in coming to a resolution respecting a dispute.  If the parties agree to a resolution, usually an agreement is drawn up.

A document filed in Court to make submission before the Court during a hearing in order to have a determination made on a specific issue(s) (sometimes referred to as a Motion).

The individual or company who initiates a civil suit in Court.

The declaration made by a person accused of a crime as to whether he or she is guilty or not guilty of the charge.

The party to whom a civil action is started against in Family Court.

These criminal offences carry lower maximum penalties and are subject to less complex court procedures. These matters are heard in the Ontario Court of Justice.

An order of the Court suspending a legal proceeding.

A written promise committing someone acting as a surety to pay a named person a set amount if the promise is broken.

A trial within a trial. A legal procedure to determine the admissibility of certain evidence in advance of the evidence being admitted for trial.

Link to: Get in touch

Any questions? Feel free to contact us.

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DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Morahan & Company and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.