E. Bruce Mellett

E. Bruce Mellett

Bennett Jones LLP

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Supreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands

On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in...more

7/14/2014 - Aboriginal Issues Canada Takings Treaties

Implications of the Supreme Court Decision on Aboriginal Title

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted – until now, the...more

7/3/2014 - Aboriginal Issues Canada

Supreme Court Decision on Aboriginal Title Raises Questions for Resource Development

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (also known as the William decision). It is a long anticipated decision on two significant...more

6/27/2014 - Aboriginal Issues Canada Jurisdiction

Interference with Economic Relations by Unlawful Means - The SCC Clarifies Unsettled Tort and Gives a Warning to Fiduciaries

In the recent case of AI Enterprises Ltd v Bram Enterprises Ltd, 2014 SCC 12, the Supreme Court of Canada clarifies the unsettled scope of the tort of unlawful interference with economic relations and warns fiduciaries of the...more

2/20/2014 - Canada Interference Claims Interpretive Opinions

Alberta Court Grants Order Under Public Lands Act Halting Lubicon Blockade

On December 16, 2013, the Alberta Court of Queen’s Bench granted a long-term Order to Penn West Petroleum Ltd. prohibiting several members of the Lubicon Lake Cree from continuing to blockade a permitted access road in the...more

1/17/2014 - Canada Oil & Gas Public Land SCC Tribal Governments Tribal Lands

Logging Company Awarded $1.75 million for B.C. Government's Failure to Consult

A recent decision of the B.C. Supreme Court suggests that recovering economic losses caused by blockades or activities that interfere with commercial activities will not be straightforward....more

1/14/2014 - Breach of Contract Canada First Nations Indigenous Peoples Logging Loss in Economic Value Natural Resources Timber Tortious Interference

SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised

Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where...more

5/17/2013 - Aboriginal Issues Canada Duty To Consult Indigenous Peoples

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