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1 Lakehead L.J. 1 (2015-2016)

handle is hein.journals/lkdlj1 and id is 1 raw text is: CO-EDITORS' NOTE We are delighted to present the inaugural volume of the Lakehead Law Journal! Our goal is to produce a topical, innovative, and practical publication. The objectives of the Lakehead Law Journal correspond to those of the Bora Laskin Faculty of Law at Lakehead University. These objectives include: 1. publishing analysis and critical commentary on legal issues facing Indigenous nations; 2. promoting discussion and debate amongst students, practitioners, and academics on rural, northern, and small firm legal practice; and, 3. disseminating legal research that is grounded in our region by focusing on natural resource and environmental law. The four articles that constitute our first volume fulfill these objectives well. In Statutory Limitation of Aboriginal or Treaty Rights: What Counts as Justification?, Peter Hogg and Daniel Styler provide invaluable guidance on the justification test at the fourth step of the Sparrow analysis for assessing Aboriginal rights pursuant to section 35(1) of the Constitution Act, 1982. If met, the justification test allows the Crown to infringe constitutionally protected Aboriginal rights. As Hogg and Styler observe, the Supreme Court of Canada has not yet released a decision applying each step of the justification test and concluding that the infringement is justified. Given this dearth of direction from our highest Court, Hogg and Styler collect the Court's dicta on the topic and produce an insightful analysis demonstrating what an application of the justification test could look like in practice. Hadley Friedland and Val Napoleon provide a comprehensive account of their methodology for identifying, articulating, and revitalizing Indigenous laws in Gathering the Threads: Developing a Methodology for Researching and Rebuilding Indigenous Legal Traditions. They applied this methodology in their Accessing Justice and Reconciliation Project, which examined the ways in which seven Indigenous societies across Canada employ their own laws to manage harms and conflict. Their account includes a detailed description of their use of the common law case brief model to draw out legal principles from Indigenous stories. Friedland and Napoleon also advance the dialogue on this topic by addressing concerns, expressed by other scholars, about their methodology. This article will serve as a vital resource to researchers engaged in rebuilding Indigenous legal traditions, and to instructors who want to give students the capacity to treat Indigenous law as law. In our final peer-reviewed article, Daniel Dylan provides an interesting and insightful overview on issues relating to the duty to consult. In his paper, The Duty to Consult on Wildlife Matters in Overlapping Northern Land Claims Agreements, Dylan examines what he describes as a separate and unique duty to consult imposed on beneficiaries of overlapping land settlement areas particularly in relation to the shared wildlife. Dylan uses the Foxe Basin and its harvest quotas to contextualize his argument. This article thoroughly canvasses the relevant land claim agreements and seeks to identify the content of this separate and unique duty. The final article in this volume, The Past, Present and Future of Canadian Environmental Law: A Critical Dialogue is an innovative interview piece. The Lakehead Law Journal

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