Anderson v. Alberta: Supreme Court of Canada Clarifies When First Nations can be Awarded Advance Costs in Litigation On March 18, 2022, the Supreme Court of Canada issued an important decision for First Nations seeking legal redress for harms caused to their lands and resources. In Anderson v. Alberta, 2022 SCC 6 (“Anderson”), the Court [...]
On March 25, 2021, the Supreme Court of Canada released its decision in Reference re Greenhouse Gas Pollution Pricing Act.[1] The central issue in this case is whether the matters addressed in the Greenhouse Gas Pollution Pricing Act (the GGPPA) are matters of sufficient national concern that they fall within federal jurisdiction. The GGPPA [...]
Restoule v. Canada (Attorney General), 2020 ONSC 3932 The Inapplicability of Ontario Limitations and Crown Immunity Defenses to Claims for Compensation for Treaty Annuity Payment Shortfalls On June 26, 2020, Ontario Superior Court Justice Patricia Hennessy released her decision for “Stage Two” of the Restoule v. Canada Treaty [...]
Federal Court of Appeal upholds compensation awarded in Southwind v. Canada, 2019 FCA 171 In 2017 the Federal Court awarded the Lac Seul First Nation roughly $30 million as equitable compensation for breaches of the Crown’s fiduciary duties in connection with the construction of a dam that flooded one-fifth of [...]
Jim Shot Both Sides v. Canada, 2019 FC 789 The Blood Tribe Decision June 12, 2019 “Canada failed to meet its fiduciary duty to the Blood Tribe and acted dishonourably by putting the interests of the white leaseholders ahead of the Blood Tribe’s interests in the land, which it was [...]
R v Reynolds, 2017 NBCA 36 Subject : Fish and wildlife offences- illegal sale of moose Facts: The Aboriginal defendant killed a moose and traded its meat to K for a car. K, a non-Aboriginal person, was charged with unlawfully possessing and trading moose meat under Fish and Wildlife Act. The Defendant was charged as an [...]
Williams Lake Indian Band v Canada considers [1] an appeal from the Federal Court of Appeal that set aside a decision from the Specific Claims Tribunal. The Supreme Court of Canada (“SCC”) found that Canada was liable for breach of it legal and fiduciary duty under s.14(1)(b), 14(1)(c), and 14(2) pursuant to the Specific Claims Tribunal [...]
Attorney General of Canada drops appeal of Specific Claims Tribunal decision On September 5 2017, Canada withdrew its application for a judicial review of the Specific Claims Tribunal decision in Attorney General of Canada v Huu-ay-aht First Nation. While disagreeing with the Tribunal’s formula for awarding compensation, the government acknowledged that Huu-ay-aht Nation has waited [...]
No Injunction to Protect Treaty Rights in B.C. PDF Download Word Download In this case, the Supreme Court of British Columbia dismissed the application of Blueberry River First Nation for an interlocutory injunction. The First Nation asked that the Province stop all further permitting of industrial development in segments of its traditional [...]
Beardy’s & Okemasis Band #96 and 97 v. Her Majesty the Queen in Right of Canada (Minister of Indian Affairs and Northern Development) Huu-Ay-Aht First Nations v. Her Majesty the Queen in Right of Canada (Minister of Indian Affairs and Northern Development), 2016 SCTC 14 PDF Download Word Download The [...]
