News & Analysis as of

Aboriginal Issues Duty To Consult

Bennett Jones LLP

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

Bennett Jones LLP on

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

Bennett Jones LLP

Federal Court of Appeal Dismisses Challenge to GIC Approval of Trans Mountain Pipeline Expansion Project

Bennett Jones LLP on

Canada's duty to consult with Indigenous peoples does not guarantee outcomes, the Federal Court of Appeal (FCA or Court) confirmed in Coldwater First Nation v Canada (Attorney General), 2020 FCA 34 [Coldwater]....more

Bennett Jones LLP

New Proponent Guide to First Nations and Métis Settlements Consultation Released by Alberta Government

Bennett Jones LLP on

In December 2019, the Government of Alberta (GoA) updated The Government of Alberta's Proponent Guide to First Nations and Métis Settlements Consultation Procedures (the "2019 Guide"), which took effect on January 2, 2020....more

Bennett Jones LLP

ACO Authority Confirmed—Duty to Consult Not Triggered by Taking Up Any Lands

Bennett Jones LLP on

In a decision released on October 22, 2019, the Alberta Court of Appeal addressed two questions raised by the Athabasca Chipewyan First Nation (ACFN) in an appeal of a judicial review of an Aboriginal Consultation Office...more

Blake, Cassels & Graydon LLP

Expert Panel’s Recommendations to Increase the Number, Cost and Timing of Federal Environmental Assessments

On April 5, 2017, the federal environmental assessment (EA) expert panel released its report, Building Common Ground: A New Vision for Impact Assessment in Canada. The report recommends broadening the scope of assessments to...more

Blake, Cassels & Graydon LLP

Federal Court of Appeal Says There is No Duty to Consult on Legislation

Does the Crown have a duty to consult when contemplating and introducing legislation that may adversely impact aboriginal rights? In its recent decision in Canada (Governor General in Council) v. Courtoreille, the Federal...more

Bennett Jones LLP

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

Bennett Jones LLP on

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

Bennett Jones LLP

SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised

Bennett Jones LLP on

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

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide