Breaking down the law of injunctions in land defence to help Indigenous communities, land defenders, and advocates better understand how injunctions operate and their impacts.
A series of legal briefs ELC Clinic students prepared over three semesters on the law of injunctions have been incorporated into a larger set of resources that are now available online.
The materials were developed to explain how injunctions operate so that land defenders, First Nations leaders, and Indigenous peoples who are upholding their Indigenous legal orders can better understand the state legal processes they may encounter.
Injunctions are court orders to prevent individuals from interfering with a property interest. In the land defence context, they are commonly used to protect state-issued authorizations for activities such as natural resource extraction and pipeline construction in traditional territories.
Indigenous land defenders are often exercising responsibilities to territory grounded in Indigenous legal orders, whereas injunctions function to enforce and protect state-issued authorizations for extraction of natural resources. This creates a direct conflict of legal systems, rooted in ongoing assertions of state jurisdiction and the absence of consent. As a result, injunctions have become a common response wherever Indigenous people assert their title and rights to defend their territories.
The briefs outline the legal and personal implications of land defence activities, particularly in the context of communities responding to systemic rollbacks of democratic processes and fast-track legislation. By simplifying complex legal concepts, the fact sheets aim to support land defenders and communities in making informed decisions about land defence strategies.
The resources are also intended for legal practitioners and supporters, providing background on opposing (or obtaining) injunctions, challenging enabling policies and case law, responding to contempt or criminal charges, and considering options for law reform. By addressing a legal issue that sits at the centre of intersocietal conflict of laws, the briefs contribute to a clearer understanding of how injunctions shape land defence, rights-based advocacy, and the legal risks faced by individuals and communities.
Access to legal information and the ability to understand one’s rights is a crucial step toward levelling the field for access to justice. Injunctions, in particular, are complex and involve several dimensions and considerations. I hope these resources help inform communities of their rights, provide clear and factual information about the factors that give rise to injunctions, and spark conversation about how to address their root causes.
Caterina Fusco JD Candidate, 2026
Link to the resources developed with contributions from ELC Clinic student work here: https://8thfirerising.ca/injunctions/.
