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Practice Areas > Aboriginal Treaty Rights Access (Atra) Passports

Aboriginal Treaty Rights Access (ATRA) Passports

Paliare Roland has commenced a class action in Nova Scotia on behalf of a proposed class of individuals defined as “all persons who currently hold or held valid Aboriginal and Treaty Rights Access Passports (“ATRA Passports”) as of July 13, 2017.

The claim alleges, in general, that the Province of Nova Scotia breached its duty to consult with the Mi’kmaq people of Nova Scotia when it decided to accept only federal Indian status cards associated with Nova Scotia Mi’kmaq First Nations for the purpose of harvesting renewable resources under provincial jurisdiction. As a result of the Province’s decision, the plaintiffs and all other proposed class members who do not hold a federally-issued status card associated with a Nova Scotia Indian Act Band are no longer able to hunt in accordance with their Aboriginal and treaty rights, without fear of being charged and prosecuted by the Province in the courts.

The claim seeks a declaration that the Province has breached the constitutional rights of the proposed class, as well as damages. The claim also asks the court to order that the province revert to recognizing ATRA Passport holders for the purpose of hunting and harvesting, on the same basis as holders of federally-issued status cards.

None of the allegations against the defendant has been proven in court. A hearing date has not yet been set. 
 

If you have held or currently hold an ATRA Passport, or wish to provide documents to us, please contact class counsel at the addresses below:

Paliare Roland Rosenberg Rosenberg LLP
Attention: Aboriginal Treaty Rights Access (ATRA) Passports 
155 Wellington Street West, 35th Floor
Toronto, ON  M5V 3H1

Glynnis Hawe
Glynnis.hawe@paliareroland.com
416-646-6309 

Andrew Lokan
Andrew.lokan@paliareroland.com
416-646-4324 

Patterson Law
1801 Hollis Street, Suite 2100
Halifax NS  B3J 3N4

Robert Pineo
RPineo@pattersonlaw.ca
902-405-8000

If you have questions about your ATRA Passport and/or the proposed class action, you may also wish to contact the Native Council of Nova Scotia at:

www.ncns.ca
129 Truro Heights Road,
P.O. Box 1320,
Truro, N.S.
B2N 5N2

Toll Free: 1-800-565-4372
Direct: 902-895-1523
Fax: 902-895-0024

 

Exceptional Advocates.

155 WELLINGTON ST WEST, 35th FLOOR TORONTO ON M5V 3H1

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