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Tribal Lands First Nations

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First Nations Power Authority and SaskPower 100 MW Solar Project—Timelines and Mandatory Criteria for Proponents

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On August 1, 2024, the First Nations Power Authority (FNPA) issued a Request for Supplier Qualifications (RFSQ) for the right to develop a 100 MW Solar Project to be located in South Central Saskatchewan (Project)....more

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Impact Assessment Act Amendments Announced: Many Questions Still Left Unresolved

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On April 30, 2024, the Government of Canada announced widely-anticipated amendments to the Impact Assessment Act (IAA or Act) as part of a 663 page omnibus budget bill. Canada announced the 2024 budget with the tagline...more

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B.C. and Haida Nation Release Haida Title Lands Agreement

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On March 28, 2024, British Columbia and the Council of the Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement (“Draft Agreement”) which would recognize Haida Nation’s...more

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Pathways to Prosperity: Exploring Indigenous Participation in Major Energy Projects

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On February 15, 2024, Bennett Jones' Calgary office welcomed nearly 80 project stakeholders and industry leaders—with hundreds more tuning in online—to talk about Synergy in Energy: Building Effective Indigenous Partnerships....more

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Implementing UNDRIP: B.C.’s Land Act Reform Sparks Public Debate

The B.C. government is consulting the public on reforms to the Land Act to facilitate shared decision-making under the Declaration on the Rights of Indigenous Peoples Act (DRIPA). The Land Act deals with how public land is...more

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Blueberry River First Nation, Treaty 8 First Nations and Province of British Columbia Sign Historic Agreements

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On January 18, 2023, the Province of British Columbia (Province) and the Blueberry River First Nation (BRFN) signed the Blueberry River First Nation Implementation Agreement (Implementation Agreement)....more

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Réconciliation et droit des Autochtones : Nouveautés

Le régime relatif aux droits et aux intérêts des peuples autochtones au Canada continue d’évoluer au fil des nouvelles décisions judiciaires, politiques gouvernementales et mesures législatives. Il est important que les...more

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Reconciliation and Indigenous Law: What’s New?

The law on Indigenous rights and interests in Canada continues to evolve based on court decisions and government policies and legislation. It’s important that businesses are aware of new developments and their implications,...more

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Revisiting Advance Costs for Public Interest Litigation: Beaver Lake Cree Nation Case

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On March 18, 2022, the Supreme Court of Canada issued a decision in Anderson v Alberta [Beaver Lake Cree] that elaborates on the test for awarding advance costs to offset the expenses of public interest litigants. The...more

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Indigenous Reconciliation and the Climate: A Review of Two of Canada's Priorities in 2022

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On December 16, 2021, the Prime Minister released the much-anticipated mandate letters outlining executive priorities and providing direction to cabinet ministers for the upcoming term. While customized for each of the 38...more

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Blueberry River First Nation and the Government of British Columbia Reach Historic Interim Agreement

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On October 7, 2021, the Blueberry River First Nation (BRFN) and the Province of British Columbia (Province) reached an initial agreement in response to the recent court decision in Yahey v British Columbia [Yahey]. The...more

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

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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

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The Canada Infrastructure Bank Launches Indigenous Community Infrastructure Initiative

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On March 19, 2021, the Canada Infrastructure Bank (CIB) launched the Indigenous Community Infrastructure Initiative (ICII), which aims to invest $1 billion to encourage infrastructure investment in Indigenous communities. The...more

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Bill 38: Alberta to Expand the Powers of First Nations Police Services

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Alberta will expand the powers of First Nations police services (FNPS) and officers and formally recognize FNPS as having equal status to other municipal police forces when it passes a bill currently before the Legislature....more

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Memorandum of Understanding on Wet'suwet'en Rights and Title—An Ambitious Plan

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On May 14, 2020, British Columbia, Canada and the Wet’suwet’en Hereditary Chiefs signed memorandum of understanding (MOU) that establishes a process for the “three equal governments” to negotiate agreements on how to...more

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B.C. Restricts Oil and Gas Developments in Blueberry River First Nation Territory

The British Columbia Oil and Gas Commission (OGC) recently announced new interim measures for oil and gas developments in Blueberry River First Nation (BRFN) traditional territory. The interim measures address concerns raised...more

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Alberta's Metis Consultation Policy

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Although formally approved by Cabinet in the fall of 2015, The Government of Alberta's Policy on Consultation with Metis Settlements on Land and Natural Resource Management (the Metis Settlements Consultation Policy) came...more

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SCC Denial of Leave Allows First Nations to Pursue Claims Prior to Proving Aboriginal Title

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The Supreme Court of Canada recently denied applications for leave to appeal in Saik’uz First Nation and Stellat’en First Nation v Rio Tinto Alcan Inc., 2015 BCCA 154 (Saik’uz), and Iron Ore Company of Canada. v Uashaunnuat,...more

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Saskatchewan Court of Appeal: No Surface Activity Means No Duty to Consult First Nations

In its recent decision in Buffalo River Dene Nation v. Saskatchewan (Energy and Resources), the Court of Appeal for Saskatchewan held that the government was not required to consult the Buffalo River Dene Nation (BRDN) before...more

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Court Upholds First Nations’ Right to Bring Claims Based on Interference with Unproven Aboriginal Rights and Title

In its recent decision in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc., the Court of Appeal for British Columbia (BCCA) confirmed that First Nations may bring actions against private parties in...more

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