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B.C. and Haida Nation Release Haida Title Lands Agreement

On March 28, 2024, British Columbia and the Council of the Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement (“Draft Agreement”) which would recognize Haida Nation’s...more

National Indigenous Economic Strategy Rebuilding Indigenous Economies

On June 6, 2022, a coalition made up of more than 25 Indigenous organizations from across Canada released a National Indigenous Economic Strategy designed exclusively by Indigenous leaders, institutions and organizations. The...more

Revisiting Advance Costs for Public Interest Litigation: Beaver Lake Cree Nation Case

On March 18, 2022, the Supreme Court of Canada issued a decision in Anderson v Alberta [Beaver Lake Cree] that elaborates on the test for awarding advance costs to offset the expenses of public interest litigants. The...more

Indigenous Reconciliation and the Climate: A Review of Two of Canada's Priorities in 2022

On December 16, 2021, the Prime Minister released the much-anticipated mandate letters outlining executive priorities and providing direction to cabinet ministers for the upcoming term. While customized for each of the 38...more

Potential Implications of B.C. Supreme Court Decision: Thomas and Saik'uz First Nation v Rio Tinto Alcan Inc.

On January 7, 2022, more than a decade after the claim was first filed, the B.C. Supreme Court (BCSC) released its decision in Thomas and Saik'uz First Nation v Rio Tinto Alcan Inc. The decision considers the Saik'uz First...more

Recent Developments in Aboriginal Law: Cumulative Effects, Equitable Compensation and Duty to Consult

Three important decisions relating to Indigenous peoples across Canada have been issued recently: Yahey v British Columbia, Southwind v Canada and Ermineskin Cree Nation v Canada (Environment and Climate Change). The three...more

Indigenous Persons from the United States May Hold Aboriginal Rights in Canada

On April 23, 2021, the Supreme Court of Canada (SCC) released its decision in R. v. Desautel, 2021 SCC 17, which upheld the lower court decisions to acquit Richard Desautel of charges under the Wildlife Act. The SCC confirmed...more

The Canada Infrastructure Bank Launches Indigenous Community Infrastructure Initiative

On March 19, 2021, the Canada Infrastructure Bank (CIB) launched the Indigenous Community Infrastructure Initiative (ICII), which aims to invest $1 billion to encourage infrastructure investment in Indigenous communities. The...more

Memorandum of Understanding on Wet'suwet'en Rights and Title—An Ambitious Plan

On May 14, 2020, British Columbia, Canada and the Wet’suwet’en Hereditary Chiefs signed memorandum of understanding (MOU) that establishes a process for the “three equal governments” to negotiate agreements on how to...more

Consultation and Engagement with Indigenous Peoples During COVID-19

COVID-19 is affecting how the Crown and proponents consult and engage with Indigenous peoples. Like many governments and organizations, Indigenous communities are taking actions to address COVID-19, including by closing...more

British Columbia's UNDRIP Legislation—A Framework to Advance Reconciliation

On October 24, 2019, the British Columbia (B.C.) government introduced Bill 41 – 2019, Declaration on the Rights of Indigenous Peoples Act, fulfilling its February 2019 announcement that it would table legislation...more

British Columbia to Introduce UNDRIP Legislation

On February 12, 2019, the British Columbia government announced plans to introduce legislation that implements the United Nations Declaration on the Rights of Indigenous People (UNDRIP) (the Legislation), as part of the...more

Canada Supports UNDRIP Implementation Bill

On November 20, 2017, the federal government announced that it will support Private Member’s Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples Act (Bill C-232, An Act to ensure that the laws of...more

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more

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

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

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