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
10 08, 2017

Canada (Governor General in Council) v Mikisew Cree First Nation, 2016 FCC 311

2018-09-11T11:41:53-04:00

The Duty to Consult & the Legislative Process PDF Download     Word Download The Crown’s duty to consult and accommodate First Nations will once again receive scrutiny from Canada’s highest court, this time with respect to legislative action. At issue is whether the Crown has a duty to consult First Nations before it [...]

Canada (Governor General in Council) v Mikisew Cree First Nation, 2016 FCC 3112018-09-11T11:41:53-04:00
27 07, 2017

Supreme Court of Canada releases decisions around consultation requirements for NEB

2018-09-11T12:42:33-04:00

In a landmark ruling, the Supreme Court of Canada concludes that the Crown breached its duty to consult the appellants in respect of the proposed seismic testing in Clyde River. Read the full decision here. Lire la décision complète ici. In a similar decision, the Supreme Court of Canada ruled that Enbridge could proceed with its reversal [...]

Supreme Court of Canada releases decisions around consultation requirements for NEB2018-09-11T12:42:33-04:00
24 07, 2017

The Government of Canada releases 10 guiding principles for its relationship with Indigenous Peoples

2018-09-11T13:01:13-04:00

Summary The Government of Canada recognizes that: All relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government. Reconciliation is a fundamental purpose of section 35 of the Constitution Act, 1982. The honour of the Crown guides the conduct of the [...]

The Government of Canada releases 10 guiding principles for its relationship with Indigenous Peoples2018-09-11T13:01:13-04:00
15 05, 2017

The Expert Panel on the Modernization of the National Energy Board releases its report

2017-05-25T10:04:04-04:00

The Report of the Expert Panel on the Modernization of the National Energy Board released its report with recommendations and advice. The Government of Canada is accepting comments on the report for 30 days, until June 14, 2017. Read the full report here

The Expert Panel on the Modernization of the National Energy Board releases its report2017-05-25T10:04:04-04:00
6 04, 2017

The Expert Panel on Environmental Assessment’s Report Released

2017-04-25T15:08:58-04:00

The Final Report of the Expert Panel for the Review of Environmental Assessment Processes has been released. Read the full report here:

The Expert Panel on Environmental Assessment’s Report Released2017-04-25T15:08:58-04:00
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