Supreme Court Miniseries: Tribal Rights in the 21st Century
DE Talk | Building Foundational Relationships in Native American & Tribal Communities
Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
Tribal Tax Exemption Under McGirt Gains Preliminary Victory
McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
A Way Forward: Energy Industry Ready to Fuel Canada's Recovery
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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