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Indigenous man arguing traditional laws trump Ontario legislation in child support case – The Lawyer’s Daily

September 13, 2018

The Ontario Court of Appeal is grappling with a request by a First Nations man to allow a dispute over child support to be determined by traditional Indigenous laws rather than the laws of the province.

In an appeal heard before the court Sept. 11, Kenneth Hill, a Haudenosaunee man who lives on the Six Nations of the Grand River reserve near Brantford, Ont., argued his people “have an inherent right to govern themselves, with respect to the care and support of children, and the resolution of disputes within and between families concerning such care and support.”

“Their manner of governing themselves … has been continuously practiced since the time prior to contact with European settlers,” Hill argued in his court filings. “This right has never been ceded by treaty, or extinguished by any valid constitutional or other instrument.”

Hill is part owner of Grand River Enterprises, a cigarette manufacturer on the territory of the Six Nations reserve. According to court documents, he earns an income of over $2 million a year, which is not subject to federal income tax. He is the father of a 9-year-old son, Brody, with Brittany Beaver, who is also Haudenosaunee. All three previously resided on the Six Nations reserve, although Beaver and Brody have since moved off-reserve to a home in Waterloo, Ont.

Read More: https://www.thelawyersdaily.ca/articles/7318

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