Le 3 décembre 2020, le gouvernement fédéral a déposé le projet de loi C-15, Loi concernant la Déclaration des Nations Unies sur les droits des peuples autochtones (le « projet de loi C-15 »). S’il est adopté, ce projet de loi...more
On December 3, 2020, the federal government introduced Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act (Bill C-15). If adopted, Bill C-15 would affirm the United Nations Declaration on the...more
Amidst a backdrop of growing interest from Indigenous communities (ICs) in pursuing ownership stakes in major energy projects, in summer 2019 the Alberta Government announced that it would create the new Alberta Indigenous...more
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
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
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
What happens when a First Nation asserts aboriginal rights or title that conflict with another First Nation’s rights under a modern treaty? In its recent decision, Gamlaxyeltxw v. British Columbia (Minister of Forests, Lands...more
The British Columbia Supreme Court (BCSC) affirmed in R. v. DeSautel (DeSautel) that the constitutional protection of aboriginal rights in s. 35 of the Constitution Act, 1982 extends to an aboriginal group that resides in the...more
On November 2, 2017, the Supreme Court of Canada released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54. This case dealt with a novel argument related to the...more
On June 29, 2017, the federal government released a discussion paper entitled "Environmental and Regulatory Reviews" ("Discussion Paper"), which proposes broad changes to the federal environmental assessment and regulatory...more
Yes, said the Court of Appeal for British Columbia (Court) in its recent decision in Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations). The Court found that the provincial Crown had not adequately...more