Aboriginal Issues

News & Analysis as of

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

Australia: Federal Court confirms National Native Title Tribunal's approach to future act determinations

Warning: Aboriginal and Torres Strait Islander people are advised that this article may refer to the names of people who are deceased. Summary - In Watson on behalf of Nyikina & Mangala v Backreef Oil Pty Ltd...more

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

“Sixties’ Scoop” Class Action Certified

Between December 1, 1965 and December 31, 1984, Ontario welfare authorities, empowered by the Federal Crown, removed thousands of aboriginal children from their families and communities and placed them in non-aboriginal...more

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

Federal Court Finds No Duty to Consult Aboriginal Group on Investment Treaty

On August 26, in Hupacasath First Nation v. Minister of Foreign Affairs, the Federal Court held that the Government of Canada has no constitutional duty to consult the applicant First Nation prior to ratification of the...more

Native Title Taxation Measures Pass In Final Sitting Week (Australia)

SUMMARY - In its final sitting week, the Commonwealth Parliament passed three pieces of legislation which include important measures aimed at clarifying the taxation treatment of payments and benefits provided under...more

Posed Amendments To The Yukon Quartz Mining Act And Placer Mining Act

As a result of the Ross River Dena lawsuit against the Yukon Government with respect to consultation on the granting of rights to miners to conduct work without consulting and accommodating First Nations, the Yukon Court of...more

Health Alert (Australia) - 1 July 2013

In This Issue: - JUDGMENTS: Victoria: McWhinney v Melbourne Health [2013] VSCA 162 - This matter concerned an appeal to the Supreme Court from a judgment of the County Court. Before the County...more

Aboriginal Consultation Levy Act Passes Quickly Through the Alberta Legislature

The Aboriginal Consultation Levy Act, Bill 22, received royal assent on May 27, 2013. Bill 22 was recently introduced into the Alberta Legislature by the Aboriginal Relations Minister in an effort to provide Aboriginal groups...more

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

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

Aboriginal Law – The Crown’s Duty to Consult and the Involvement of Natural Resources Proponents in the Consultation Process

Natural resources proponents are often deeply involved in consultations with Aboriginal communities that may be affected by their projects. How far can the Crown delegate its constitutional duty to consult Aboriginal people...more

Infrastructure Alert - April 17, 2013

Last week, President Obama released his FY2014 budget, outlining several proposals to fund new infrastructure programs. The budget proposes $40 billion for “Fix it First” projects to repair existing infrastructure, as well...more

Mineral Claims And The Duty To Consult In Yukon

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

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

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

The Canadian Oil Sands: A Backgrounder: Environmental Concerns

Climate Change - The production of petroleum from oil sands uses significant amounts of energy, almost all derived from the combustion of fossil fuels and resulting in CO2 emissions. As a result, oil sands operations...more

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