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Government of Canada Unveils Details Regarding New Federal Indigenous Loan Guarantee Program

On April 16, 2024, the Canadian Government released the 2024 federal budget, including details on the much-anticipated federal Indigenous Loan Guarantee Program (ILG Program). First announced in the government's 2023 Fall...more

B.C. and Haida Nation Release Haida Title Lands Agreement

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

B.C. Provides Indigenous Nations Larger Role in Emergency Management

On November 8, 2023, substantial changes to B.C.'s emergency preparedness legislation took effect. Bill 31-2023, the Emergency and Disaster Management Act, (EDMA) replaced the Emergency Program Act, RSBC 1996, c 111 (the...more

Blueberry River First Nation, Treaty 8 First Nations and Province of British Columbia Sign Historic Agreements

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

National Indigenous Economic Strategy Rebuilding Indigenous Economies

On June 6, 2022, a coalition made up of more than 25 Indigenous organizations from across Canada released a National Indigenous Economic Strategy designed exclusively by Indigenous leaders, institutions and organizations. The...more

Revisiting Advance Costs for Public Interest Litigation: Beaver Lake Cree Nation Case

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

Indigenous Reconciliation and the Climate: A Review of Two of Canada's Priorities in 2022

On December 16, 2021, the Prime Minister released the much-anticipated mandate letters outlining executive priorities and providing direction to cabinet ministers for the upcoming term. While customized for each of the 38...more

Potential Implications of B.C. Supreme Court Decision: Thomas and Saik'uz First Nation v Rio Tinto Alcan Inc.

On January 7, 2022, more than a decade after the claim was first filed, the B.C. Supreme Court (BCSC) released its decision in Thomas and Saik'uz First Nation v Rio Tinto Alcan Inc. The decision considers the Saik'uz First...more

Blueberry River First Nation and the Government of British Columbia Reach Historic Interim Agreement

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

Recent Developments in Aboriginal Law: Cumulative Effects, Equitable Compensation and Duty to Consult

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

Indigenous Persons from the United States May Hold Aboriginal Rights in Canada

On April 23, 2021, the Supreme Court of Canada (SCC) released its decision in R. v. Desautel, 2021 SCC 17, which upheld the lower court decisions to acquit Richard Desautel of charges under the Wildlife Act. The SCC confirmed...more

The Canada Infrastructure Bank Launches Indigenous Community Infrastructure Initiative

On March 19, 2021, the Canada Infrastructure Bank (CIB) launched the Indigenous Community Infrastructure Initiative (ICII), which aims to invest $1 billion to encourage infrastructure investment in Indigenous communities. The...more

Bill 38: Alberta to Expand the Powers of First Nations Police Services

Alberta will expand the powers of First Nations police services (FNPS) and officers and formally recognize FNPS as having equal status to other municipal police forces when it passes a bill currently before the Legislature....more

Memorandum of Understanding on Wet'suwet'en Rights and Title—An Ambitious Plan

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

Consultation and Engagement with Indigenous Peoples During COVID-19

COVID-19 is affecting how the Crown and proponents consult and engage with Indigenous peoples. Like many governments and organizations, Indigenous communities are taking actions to address COVID-19, including by closing...more

British Columbia's UNDRIP Legislation—A Framework to Advance Reconciliation

On October 24, 2019, the British Columbia (B.C.) government introduced Bill 41 – 2019, Declaration on the Rights of Indigenous Peoples Act, fulfilling its February 2019 announcement that it would table legislation...more

Aboriginal Rights in Canada Can Include Indigenous Persons in the United States

On May 2, 2019, the British Columbia Court of Appeal released its decision in R v Desautel, 2019 BCCA 151. The Court of Appeal upheld the lower courts decisions to acquit Richard Desautel of charges under the Wildlife Act and...more

British Columbia to Introduce UNDRIP Legislation

On February 12, 2019, the British Columbia government announced plans to introduce legislation that implements the United Nations Declaration on the Rights of Indigenous People (UNDRIP) (the Legislation), as part of the...more

Canada Supports UNDRIP Implementation Bill

On November 20, 2017, the federal government announced that it will support Private Member’s Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples Act (Bill C-232, An Act to ensure that the laws of...more

Aboriginal Water Rights, Mining—and the Law & Order Theme Song

Normally reserved for major league baseball players as they enter the game to take the plate or the mound, lawyers are rarely introduced with walk-up songs. But at the Canadian Aboriginal Minerals Association’s 25th...more

Ktunaxa Nation v. British Columbia: The Duty to Consult and Protecting Religious Freedom Rights

On November 2, 2017, the Supreme Court of Canada released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54. This case dealt with a novel argument related to the...more

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