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Aboriginal Issues Consultation

Blake, Cassels & Graydon LLP

Un projet de loi confirme que la DNUDPA trouve application en droit canadien

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

Blake, Cassels & Graydon LLP

Proposed Bill Affirms Application of UNDRIP In Canadian Law

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

Bennett Jones LLP

The Alberta Indigenous Opportunities Corporation: A Framework For Meaningful Ownership and Economic

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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

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

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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

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

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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

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

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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

Modern Treaty Rights Prevail Over Duty to Consult First Nations Asserting Aboriginal Rights

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

Blake, Cassels & Graydon LLP

American Citizen Secures Aboriginal Rights in Canada

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

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Ktunaxa Nation v. British Columbia: The Duty to Consult and Protecting Religious Freedom Rights

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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

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Canadian Government's Proposal to Reform Canada's Environmental Assessment and Regulatory Regime

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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

Blake, Cassels & Graydon LLP

Can First Nations Claim Aboriginal Rights and Title as well as Treaty Rights?

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

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