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Alberta: Lameman v. Alberta, 2013 ABCA 148 - The Beaver Lake Cree Nation (BLCN) brought a Statement of Claim before the Alberta Court of Queen’s Bench alleging that the Alberta and federal governments have failed to...more
The International Council of Mining & Metals (“ICMM”) recently released a position statement on indigenous peoples and mining that explicitly requires its 22 member companies to work to obtain the free, prior, and informed...more
The Bureau of Indian Affairs (BIA) published a proposed rule in the Federal Register that, if adopted, will substantially alter the rights of those who would challenge a decision by the BIA to acquire land in trust for an...more
In This Issue: - NINTH CIRCUIT DEMANDS INTERIOR EXPLAIN GLENDALE TRUST DECISION: The U.S. Court of Appeals for the Ninth Circuit has required the Secretary of the Interior to reconsider a decision to accept an...more
On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on...more
In This Issue: - THE MASSACHUSETTS MUDDLE: WHAT DOES IT MEAN FOR THE MASHPEE WAMPANOAG? The Mashpee Wampanoag casino project planned for the town of Taunton in southeastern Massachusetts received a major...more
In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more
Originally published in Casino Enterprise Management magazine – March 2013. With no federal Internet gaming bill on the horizon, state legislatures are again focused on whether and to what extent Internet gaming will...more
In This Issue: - INDIAN COUNTRY AND OBAMA’S CHOICE FOR SECRETARY OF THE INTERIOR: In March, Ken Salazar will leave his well-appointed office at the helm of the Department of the Interior and return to Colorado,...more
On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of...more
Septembre 2012 — Une entente importante a été signée au cours de l’été entre le Gouvernement du Québec et les Cris relativement à la gouvernance du territoire de la Baie-James. ENTENTE SUR LA GOUVERNANCE DU TERRITOIRE...more
September 2012 — An important agreement between the Government of Quebec and the Crees was signed over the course of the summer regarding the governance of the James Bay Territory. AGREEMENT ON GOVERNANCE IN THE EEYOU...more
In This Issue: - THE CARCIERI CHALLENGE: PROVING “UNDER FEDERAL JURISDICTION [AS OF 1934]” by Dennis J. Whittlesey: The June 18 Supreme Court ruling in Match-E-Be-Nash-She-Wish Band (“Gun Lake Band”) v. Patchak...more
In This Issue: - NEWLY RECOGNIZED AND SEARCHING FOR A CASINO LOCATION ON LONG ISLAND by Dennis J. Whittlesey - WHAT IS OKLAHOMA DOING TO ITS NATIVE AMERICAN POPULATION? by Dennis J. Whittlesey Excerpt from...more
Table of Contents I. Executive Summary...4 II. The Evolution of Free, Prior, And Informed Consent in International Law and Voluntary Initiatives...9 A. International Legal Standards...9 B. Standards Directly Applicable to...more
In Parchester Village Neighborhood Council v. City of Richmond, the California Court of Appeal recently held that the City of Richmond’s decision to enter into a Municipal Services Agreement (MSA) with a Native American tribe...more
In This Issue: The Ontario Brownfields legislation is designed to encourage development of properties that are contaminated or are perceived to be contaminated by reason of prior use. Annie Thuan reviews some recent and...more
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