Indigenous Peoples

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 18, 2013

Federal Court Provides Guidance on Adequacy of Consultation About Environmental Assessments of Major Resource Projects

by Jeremy Barretto, Thoma Gelbman, Suzanne MacMillan | Osler, Hoskin & Harcourt LLP on 5/8/2013

On April 23, 2013, the Federal Court of Canada released its decision dismissing an application commenced by the Conseil des Innus de Ekuanitshit (the Applicant) to judicially review the Order in Council (OIC) issued on the...more

The Recent “Culvert Decision” in United States v. Washington Is Likely To Have Significant Implications For Governmental and...

by Bart J. Freedman, Benjamin Mayer | K&L Gates LLP on 4/19/2013

On March 29, 2013, United States District Judge Ricardo S. Martinez ordered the State of Washington to replace culverts under State owned roads that block the passage of salmon to critical habitat. The court earlier found...more

Mineral Claims And The Duty To Consult In Yukon

by Brian Abraham | Dentons on 1/24/2013

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

Federal Court Extends Federal Jurisdiction to Métis and Non-Status Indians: No Impact to Resource Developers

by Jeremy Barretto, Shawn Denstedt Q.C., Jessica Kennedy, Terri-Lee Oleniuk | Osler, Hoskin & Harcourt LLP on 1/14/2013

A recent Federal Court decision clarifies and extends federal jurisdiction to Métis and non-status Indians. This ruling is significant because there could be broad financial and policy implications for the federal government....more

Alberta Court of Appeal Decides Panel Not Required to Determine Adequacy of Crown’s Aboriginal Consultation

by Martin Ignasiak, Jessica Kennedy | Osler, Hoskin & Harcourt LLP on 12/1/2012

On November 26, 2012, the Alberta Court of Appeal released the decision of Justice Slatter denying leave to appeal a decision made by the Joint Review Panel (the Panel) established to evaluate Shell Canada’s application to...more

“CEQA’s Unusual Circumstances Exception To Small Structures Categorical Exemption Is Applied By Third District To Water Supply MOU...

by Miller Starr Regalia on 10/19/2012

As the regulated community eagerly awaits completion of briefing at the Supreme Court in the Berkeley Hillside Preservation case, the Courts of Appeal continue to decide CEQA categorical exemption cases – as is their...more