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Supreme Court of Canada Tribal Lands

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Impact Assessment Act Amendments Announced: Many Questions Still Left Unresolved

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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

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

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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

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

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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

American Conference Institute (ACI)

[Virtual Conference] Indigenous Consultation & Engagement Atlantic - November 22nd - 24th, 9:45 am - 1:30 pm AST

Entering the Modern-Era of Indigenous Consultation: From Modern Treaties to Modern Tech - The Canadian Institute’s 5th Annual Indigenous Consultation Atlantic Conference will be taking place virtually on November 22, 23 &...more

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

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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

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

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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

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

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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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SCC Denial of Leave Allows First Nations to Pursue Claims Prior to Proving Aboriginal Title

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The Supreme Court of Canada recently denied applications for leave to appeal in Saik’uz First Nation and Stellat’en First Nation v Rio Tinto Alcan Inc., 2015 BCCA 154 (Saik’uz), and Iron Ore Company of Canada. v Uashaunnuat,...more

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Alberta Court Strikes Out Pleadings Challenging Validity of Oil and Gas Permits

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A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more

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BC Supreme Court to Consider Cumulative Impacts of Resource Development on Treaty Rights

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On March 3, 2015, Blueberry River First Nation (“BRFN”) sued the Province of BC seeking to break new ground by considering the cumulative impacts of resource development on BRFN’s traditional territory and treaty rights....more

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