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Canada Native American Issues

Stikeman Elliott LLP

Clearing a Path for the Procurement of Renewable Projects in Atlantic Canada

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Amendments to electricity legislation in Atlantic Canada will create new opportunities for developers, investors and lenders, and allow for more efficient procurement of renewable power projects in these jurisdictions....more

Bennett Jones LLP

British Columbia Releases Guidance on Consultation With Indigenous Peoples in Policy and Legislative

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On 4 October 2022, the Government of British Columbia released its policy guidance entitled Interim Approach to Implement the Requirements of Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Interim...more

American Conference Institute (ACI)

[Virtual Conference] Indigenous Consultation & Engagement Atlantic - November 22nd - 24th, 9:45 am - 1:30 pm AST

Entering the Modern-Era of Indigenous Consultation: From Modern Treaties to Modern Tech - The Canadian Institute’s 5th Annual Indigenous Consultation Atlantic Conference will be taking place virtually on November 22, 23 &...more

Bennett Jones LLP

A Way Forward: Energy Industry Ready to Fuel Canada's Recovery

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Canada must make the energy sector a driving force of our economic recovery from the COVID-19 pandemic. Hear how we can do this while pursuing climate change goals, through transformative innovation and partnership between...more

Bennett Jones LLP

Consultation and Engagement with Indigenous Peoples During COVID-19

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COVID-19 is affecting how the Crown and proponents consult and engage with Indigenous peoples. Like many governments and organizations, Indigenous communities are taking actions to address COVID-19, including by closing...more

Flaster Greenberg PC

Canada's Rail System Shuts Down Over Gas Pipeline Protest - Will The United States Be Next?

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People in the United States who wonder how far pipeline protests can go, and how disruptive they can be, need only look north to Canada. As this article is written, much of the national Canadian rail system has been shut down...more

Bennett Jones LLP

British Columbia to Introduce UNDRIP Legislation

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On February 12, 2019, the British Columbia government announced plans to introduce legislation that implements the United Nations Declaration on the Rights of Indigenous People (UNDRIP) (the Legislation), as part of the...more

Blake, Cassels & Graydon LLP

Government of British Columbia Introduces Indigenous Consent Requirement for Major Projects

On November 5, 2018, the B.C. government introduced Bill 51 – 2018: Environmental Assessment Act (Bill 51), which looks to replace the province’s current Environmental Assessment Act. Bill 51 proposes a dramatic shift in the...more

Blake, Cassels & Graydon LLP

Bill Backing UNDRIP Heads to Senate, Moves One Step Closer to Becoming Law in Canada

In February 2018, we suggested that the Canadian government may be inching towards the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) with their new draft environmental legislation. The pace seems to...more

Bennett Jones LLP

Positive Action: A New Framework on the Recognition and Implementation of Rights

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On February 14, 2018, the federal government announced a new framework, including new legislation, to recognize and implement Indigenous rights (the “Framework”) in support of its commitment towards reconciliation with...more

Bennett Jones LLP

Framework for Regulatory Reviews: First-Order Conditions for Success

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Balanced Messaging with the Introduction of New Legislation - With the recent tabling of proposed legislation to reform the environmental and regulatory system for major projects, the federal government stated the...more

Bennett Jones LLP

Sea Change: The Canadian Navigable Waters Act

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This article is Part III of a series that discusses the federal government’s proposed changes to Canada’s environmental regulatory regime governing project development and operation in Canada....more

Blake, Cassels & Graydon LLP

B.C. Court Decision Provides Example of the State of Indigenous Law in Canada

Court decisions can often provide learning opportunities — they establish legal principles, apply those principles to certain facts, and illustrate relative trends, or stability, in the law. The recent decision of the B.C....more

Blake, Cassels & Graydon LLP

Implementing UNDRIP? Federal Government Releases Draft Environmental Legislation

On February 8, 2018, the Government of Canada introduced Bill C-69 to reform the federal environmental impact assessment process, replace the National Energy Board and amend the Navigation Protection Act. Two days earlier,...more

Bennett Jones LLP

British Columbia Supreme Court Orders First Nation to Disclose Impact Benefit Agreements

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The recent decision by the Supreme Court of British Columbia (BCSC) in Yahey v British Columbia (2018 BCSC 123, 25 January 2018) offers interesting insight into the circumstances in which benefit sharing agreements and...more

Bennett Jones LLP

Federal Review of Environmental and Regulatory Processes Underway

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Proposed Amendments to the Fisheries Act - On February 6, 2018, the Federal Government introduced amendments to the Fisheries Act aimed at enhancing protection to fish and fish habitat. The proposed amendments form part of...more

Dickinson Wright

Gaming & Hospitality Legal News: Volume 11, Number 1: Indigenous Gaming Issues In Canada

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The current division of jurisdiction over gaming in Canada came about as a result of a Federal-Provincial Agreement that was entered into in 1985, intended to address differences that had arisen between those governments...more

Bennett Jones LLP

Canada Supports UNDRIP Implementation Bill

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On November 20, 2017, the federal government announced that it will support Private Member’s Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples Act (Bill C-232, An Act to ensure that the laws of...more

Hogan Lovells

First Steps: A Look at Trump Administration Executive Actions Regarding Energy Projects

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On January 24, the Trump Administration issued one Executive Order and Three Presidential Memoranda that affect energy projects in the United States, including in particular two pipeline projects blocked by the Obama...more

Holland & Knight LLP

U.S.-Canada Arctic Partnership Calls for Collaboration with Native Americans, Alaska Natives

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President Barack Obama and Canadian Prime Minister Justin Trudeau announced in early March 2016 a new partnership to confront the challenges of a changing Arctic. The partnership calls for the involvement of key stakeholders...more

Bennett Jones LLP

Logging Company Awarded $1.75 million for B.C. Government's Failure to Consult

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A recent decision of the B.C. Supreme Court suggests that recovering economic losses caused by blockades or activities that interfere with commercial activities will not be straightforward....more

Bennett Jones LLP

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

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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

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