28 03, 2018

Briefs at Brief: Recently Decided Indigenous Case Law

2018-09-11T11:40:58-04:00

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 [...]

Briefs at Brief: Recently Decided Indigenous Case Law2018-09-11T11:40:58-04:00
28 03, 2018

Williams Lake Indian Band v Canada (Aboriginal Affairs and Northern Development), 2018 SCC 4

2018-09-11T11:41:14-04:00

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 [...]

Williams Lake Indian Band v Canada (Aboriginal Affairs and Northern Development), 2018 SCC 42018-09-11T11:41:14-04:00
11 08, 2017

Yahey v. British Columbia, 2017 BCSC 899

2018-09-11T11:41:36-04:00

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 [...]

Yahey v. British Columbia, 2017 BCSC 8992018-09-11T11:41:36-04:00
10 08, 2017

Prophet River First Nation v Canada (Attorney General), , 2017 FCA 15

2018-09-11T11:41:49-04:00

The Site C Dam and the Duty to Consult & Accommodate First Nations PDF Download     Word Download In this case, the Court confirms that it is first and foremost concerned with whether there has been adequate consultation and accommodation in relation to First Nation Treaty rights in the context of the Site [...]

Prophet River First Nation v Canada (Attorney General), , 2017 FCA 152018-09-11T11:41:49-04:00
3 02, 2017

Huu-ay-aht First Nations v Her Majesty the Queen in Right of Canada, 2016 SCTC 14

2017-06-09T11:00:25-04:00

By: Melodi Alopaeus & Nicole Wong Tomchuk PDF Download     Word Download On December 16, 2016, the Specific Claims Tribunal awarded the Huu-ay-aht First Nation (“HFN”) $13.88 million, marking the Tribunal’s first decision on compensation. The case concerns Canada’s issuance of long-term logging license on HFN’s reserve lands. Background The decision follows the Tribunal’s finding [...]

Huu-ay-aht First Nations v Her Majesty the Queen in Right of Canada, 2016 SCTC 142017-06-09T11:00:25-04:00
11 11, 2016

Wabauskang First Nation v Minister of Northern Development and Mines et al, 2014 ONSC 4424

2017-06-09T10:57:27-04:00

By: Zachary Miloff PDF Download     Word Download In Wabauskang First Nation v Minister of Northern Development and Mines et al , the Court dismissed an application for judicial review brought by Wabauskang First Nation (“WFN”) against the Ontario Ministry of Northern Development and Mines (“the Ministry”) and Rubicon Minerals Corp. (“Rubicon”). The First [...]

Wabauskang First Nation v Minister of Northern Development and Mines et al, 2014 ONSC 44242017-06-09T10:57:27-04:00
11 11, 2016

Moulton Contracting Ltd v British Columbia, 2015 BCCA 89

2017-06-09T10:56:49-04:00

By: Zachary Miloff PDF Download   Word Download On February 26, 2015, the British Columbia Court of Appeal (“the Court”) overturned a trial judge’s order that the Province of British Columbia (“the Province”) pay logging contractor Moulton Contracting Ltd. (“Moulton”) a sum of $1.75 million in damages for the Province’s failure to disclose Fort Nelson First [...]

Moulton Contracting Ltd v British Columbia, 2015 BCCA 892017-06-09T10:56:49-04:00
11 11, 2016

Sapotaweyak Cree Nation et al v Manitoba, 2015 MBQB 35

2017-04-10T15:01:24-04:00

Written By: Zachary Miloff PDF Download     Word Download In Sapotaweyak Cree Nation et al. v. Manitoba, the Manitoba Court of Queen’s Bench (the “Court”) dismissed an application by the Sapotaweyak Cree Nation (“SCN”) for an interlocutory injunction requiring Manitoba and Manitoba Hydro (“Hydro”) to stop or refrain from cutting certain forested areas for [...]

Sapotaweyak Cree Nation et al v Manitoba, 2015 MBQB 352017-04-10T15:01:24-04:00
11 11, 2016

Yahey v. British Columbia, 2015 BCSC 1302

2017-06-09T10:55:49-04:00

By: Melodi Alopaeus & Zachary Miloff PDF Download    Word Download In Yahey v. British Columbia, 2015 BCSC 1302, the Supreme Court of British Columbia dismissed Blueberry River First Nations’ application for a pre-trial injunction to prevent the province from proceeding with a planned auction of 15 timber sale licences. Impending trial concerned breach of [...]

Yahey v. British Columbia, 2015 BCSC 13022017-06-09T10:55:49-04:00
11 11, 2016

Bear v. Saskatchewan, 2016 SKQB 73

2017-06-09T10:06:47-04:00

By: Melodi Alopaeus & Darryl Korell PDF Download    Word Download In Bear v. Saskatchewan, 2016 SKQB 73, the Court dismissed Muskoday First Nation’s claim that the Province of Saskatchewan had breached a 2007 Treaty Land Entitlement (TLE) Agreement by refusing to sell it certain Crown land and minerals at the Fort à la [...]

Bear v. Saskatchewan, 2016 SKQB 732017-06-09T10:06:47-04:00