On April 30, 2024, the Government of Canada announced widely-anticipated amendments to the Impact Assessment Act (IAA or Act) as part of a 663 page omnibus budget bill. Canada announced the 2024 budget with the tagline...more
On March 28, 2024, British Columbia and the Council of the Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement (“Draft Agreement”) which would recognize Haida Nation’s...more
After much anticipation, on February 22, 2024, British Columbia announced its intention to create a First Nations Equity Financing Framework (Framework) as part of its latest budget and fiscal plan. The Framework aligns with...more
On January 18, 2023, the Province of British Columbia (Province) and the Blueberry River First Nation (BRFN) signed the Blueberry River First Nation Implementation Agreement (Implementation Agreement)....more
On March 18, 2022, the Supreme Court of Canada issued a decision in Anderson v Alberta [Beaver Lake Cree] that elaborates on the test for awarding advance costs to offset the expenses of public interest litigants. The...more
On October 7, 2021, the Blueberry River First Nation (BRFN) and the Province of British Columbia (Province) reached an initial agreement in response to the recent court decision in Yahey v British Columbia [Yahey]. The...more
Three important decisions relating to Indigenous peoples across Canada have been issued recently: Yahey v British Columbia, Southwind v Canada and Ermineskin Cree Nation v Canada (Environment and Climate Change). The three...more
On May 14, 2020, British Columbia, Canada and the Wet’suwet’en Hereditary Chiefs signed memorandum of understanding (MOU) that establishes a process for the “three equal governments” to negotiate agreements on how to...more
In December 2019, the Government of Alberta (GoA) updated The Government of Alberta's Proponent Guide to First Nations and Métis Settlements Consultation Procedures (the "2019 Guide"), which took effect on January 2, 2020....more
In November 2018, British Columbia passed legislation designed to “revitalize” its Environmental Assessment Act as well as "to ensure the legal rights of First Nations are respected, and the public's expectation of a strong...more
On February 14, 2018, the federal government announced a new framework, including new legislation, to recognize and implement Indigenous rights (the “Framework”) in support of its commitment towards reconciliation with...more
The recent decision by the Supreme Court of British Columbia (BCSC) in Yahey v British Columbia (2018 BCSC 123, 25 January 2018) offers interesting insight into the circumstances in which benefit sharing agreements and...more
2/12/2018
/ Benefit Sharing Agreements ,
Breach of Duty ,
Canada ,
Disclosure Requirements ,
Discovery ,
Discovery Disputes ,
Fiduciary Duty ,
First Nations ,
Land Developers ,
Native American Issues ,
Permanent Injunctions ,
Supreme Court of British Columbia ,
Transparency ,
Treaty 8 Rights
On July 26, 2017, the Supreme Court released two seminal decisions that clarify the role of administrative tribunals, such as the National Energy Board ("NEB"), in fulfilling the Crown’s duty to consult with Indigenous...more
On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more
In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the Court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of...more
In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of...more