RESOLVING LEGAL DISPUTES: ALTERNATIVES TO LITIGATION All legal issues are essentially a dispute: two (or more) parties cannot agree on the interpretation or enforcement of their legal obligations. While the resolution of legal disputes is often conflated with the adversarial court system, in fact there exist a wide range of “alternatives” to litigation. The [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 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 Final Report of the Expert Panel for the Review of Environmental Assessment Processes has been released. Read the full report here:
