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Land rulings a clear message to Ottawa, provinces: It’s time to govern

The Supreme Court of Canada has delivered two significant decisions this summer regarding Aboriginal title and treaty rights. In June, the Tsilqhot’in decision affirmed Aboriginal title over a discrete area of central British...more

7/23/2014 - Aboriginal Issues Canada Forestry Mining Treaties

Provincial Jurisdiction Confirmed Regarding Treaty Rights – Supreme Court of Canada’s Keewatin Decision

In Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48 (Decision), also known as the Keewatin Decision, the Supreme Court of Canada (SCC) confirmed that provinces have the power to take up treaty lands for...more

7/15/2014 - Aboriginal Issues Canada Natural Resources SCC

Duty to Consult where Government Action Impacts a First Nation’s Economic Interests

On May 14, 2014 the British Columbia Supreme Court released its decision in Ehattesaht First Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 849. The case concerned an application for...more

6/17/2014 - Duty To Consult Forestry Judicial Review

Federal Government Initiatives Support Engagement with First Nations

On May 27, 2014, the Honourable Greg Rickford, Canada’s Minister of Natural Resources and Minister for the Federal Economic Development Initiative for Northern Ontario, announced two new measures to strengthen engagement with...more

6/12/2014 - Canada Energy First Nations Oil & Gas Pipelines Tribal Governments

Federal Court of Appeal Confirms that Métis Fall Within Federal Jurisdiction under Constitution

On April 17, 2014, the Federal Court of Appeal allowed the appeal, in part, of a January 2013 Federal Court decision extending federal jurisdiction to Métis and non-status Indians by modifying the Federal Court’s declaration...more

4/24/2014 - Canada Fiduciary Duty Immigrants Indigenous Peoples

British Columbia’s Supreme Court Considers the Duty to Consult in the Context of an Environmental Review Process

On April 3, 2014 the British Columbia Supreme Court released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 568. The case concerned an application for judicial...more

4/22/2014 - Canada Environmental Policies Environmental Review Freedom of Religion

2014 Litigation Report: Managing Risk

In This Issue: Introduction; Food and Beverage Products: Managing Mounting Litigation Risk in the Food and Beverage Industry; Procurement Pitfalls: Best Practices to Manage Risk; Securities and Consumer Class Actions:...more

1/31/2014 - Canada Class Action Compliance False Advertising FDA Food Labeling Food Recalls Food Safety Misrepresentation Procurement Guidelines Risk Management Supply Chain

Alberta Court Grants Six-Month Injunction Against Lubicon Blockade

On December 16, 2013, the Alberta Court of Queen’s Bench granted a six-month injunction in favour of Penn West Petroleum Ltd., authorizing the RCMP to remove a road blockade erected by individuals associated with Bernard...more

1/21/2014 - Canada Indigenous Peoples Natural Resources Oil & Gas Petroleum Resource Extraction Tribal Lands

Province Ordered to Pay Damages to Timber Company over Aboriginal Road Blockade

On December 23, 2013, the British Columbia Supreme Court (Court) ordered the Province of British Columbia (Province) to pay logging contractor Moulton Contracting Ltd. a sum of $1.75 million in damages for the Province’s...more

1/17/2014 - Aboriginal Issues Canada Damages Economic Damages Tribal Lands

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

The decision of the Ontario Court of Appeal in Detlor v. Brantford (City) helpfully addresses the intersection between municipal jurisdiction and constitutional law. In upholding the power of municipalities to pass by-laws...more

12/18/2013 - Aboriginal Issues Canada

B.C.’s Highest Court Releases Significant Decision on Government Approvals for “Brown Field” Sites

On September 26, 2013, the British Columbia Court of Appeal dismissed an appeal by the Stellat’en First Nation (Stellat’en) and confirmed that Crown consultation was adequate in granting the approvals for the Thompson Creek...more

10/1/2013 - Aboriginal Issues Brownfield Properties Canada Mining Permits

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