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January 31, 2014

Obstructive Conduct by Aboriginal Groups May be Regulated by Municipal By-Laws

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The Ontario Court of Appeal recently ruled on the Detlor v Brantford (City) case. The case involved opposition to a bylaw that the City passed to restrict activities of an aboriginal group who were protesting construction on private land. 
This ruling is significant because it upholds municipal authority to create bylaws to limit behaviour of its citizens, especially Aboriginal groups. While this decision dealt specifically with a bylaw to limit unlawful behaviour, it could be applied on a broader scope to avoid disruption to existing businesses within a municipality, or the economic life of the municipality generally. As a result, the decision has important implications for municipalities and businesses across Ontario that have relations with Aboriginal groups.


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