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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
By: Melodi Alopaeus & Cynthia Westaway PDF Download Word Download The British Columbia Supreme Court (the “Court”) recently ruled in favour of Coastal First Nations (“CFN”) in a case concerning the role of the Province of British Columbia (the “Province”) in the environmental review process for Enbridge’s Northern Gateway Pipeline project (the “Project”).[1] Coastal [...]
