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The Evolving Duty To Consult Indigenous Peoples: N.S. Court Recognizes A "Duty Of Enforcement Consultation" In R. v. Martin
The Crown's duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada's first detailed articulation of it in its 2004 decision in Haida Nation v. British Columbia (Minister of Forests).
Canada
5 Jul 2018
3
A Blast From The Past: Court Confirms The Crown Breached Its Fiduciary Duty To An Indigenous Community – In 1858 In Williams Lake Indian Band v. Canada
Over the past 15 years, most of the Supreme Court of Canada's decisions respecting Indigenous Peoples in Canada have revolved around the Crown's duty of consultation.
Canada
9 Feb 2018
4
Two Constitutional Rights In One Decision: Supreme Court Of Canada Decision Tackles Freedom Of Religion & The Duty To Consult In Ktunaxa Nation v. British Columbia (Forests, Lands And Natural Resource Operations)
On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation's claim that a Ministerial decision to approve a project breached two of its Constitutional rights.
Canada
8 Nov 2017
5
Words Matter: Protection From Discrimination And Hate Expressly Extends To "Gender Identity Or Expression"
Employers are increasingly taking pride in their support of gender diversity in their workplaces.
Canada
18 Aug 2017
6
Take Pride @ Work: 5 Ways Employers Can Support Gender Diversity
Here are five ways in which employers can support gender diversity in the workplace.
Canada
1 Aug 2017
7
A Blueprint For Project Approval: Supreme Court Of Canada Confirms Crown Can Rely On National Energy Board To Fulfill İts Duty To Consult İn Clyde River (Hamlet) v. Petroleum Geo Services Inc. And Chippewas Of The Thames First Nation v. Enbridge
All stakeholders in any major project development already know that adequate consultation before – rather than after – a project is approved is better for everyone than after-the-fact litigation.
Canada
31 Jul 2017
8
A Registration Extension For N.B. Lobbyists Under New Lobbyists' Registration Act
On June 29, 2017, the N.B. Integrity Commissioner extended the registration deadline for consultants already lobbying and in-house lobbyists already employed by an organization ...
Canada
6 Jul 2017
9
Timing Is Everything: Supreme Court Of Canada To Decide Whether Duty To Consult Also Applies Before Legislation Is Enacted In Canada v Mikisew Cree First Nation
On May 19, 2017, the Supreme Court of Canada agreed to hear the appeal of the Federal Court of Appeal's 2016 decision in Canada v Mikisew Cree First Nation.
Canada
31 May 2017
10
Estate Planning In The Age Of Assisted Dying
In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great deal will still change, and a great deal of uncertainty...
Canada
2 May 2017
11
Register Before You Lobby In N.B. Under Lobbyists' Registration Act
The new N.B. Lobbyists' Registration Act took effect April 1, 2017. The Act defines who a lobbyist is, what activities constitute "lobbying", requires "lobbyists" to submit returns to the Province ...
Canada
6 Apr 2017
12
Dust Off Your Limitation Defence: Court Of Appeal Doesn't Apply Extended Limitation Period In Yarmouth (District) v Nickerson
On March 9, 2017, the N.S. Court of Appeal stopped building inspection claims in their tracks when it decided that a defence based section 504(3) of the N.S. Municipal Government Act imposes a firm...
Canada
17 Mar 2017
13
Confidentiality Risks Of Doing Business With The Public Sector Just Got Riskier: Completed NS Access To Information Requests Go Online
Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business typically discloses will end up in a competitor's hands.
Canada
30 Jan 2017
14
Newfoundland & Labrador's New Public Procurement Act
On December 14, 2016, Bill 46 and the Newfoundland and Labrador Public Procurement Act became law.
Canada
20 Dec 2016
15
Keeping It Flowing: 10 Steps To Anticipate Citizens' Challenges To New Developments
Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices in Nova Scotia's Minas Basin.
Canada
8 Dec 2016
16
Newfoundland & Labrador: A New Public Procurement Act For 2017
It's been a long time coming, but Newfoundland and Labrador is finally getting new public procurement legislation.
Canada
7 Dec 2016
17
Supreme Court Of Canada Decides Indian Bands Assessing Leased Reserve Lands For Property Tax Purposes Can't Have It Both Ways In Musqueam Indian Band v. Musqueam Indian Band (Board Of Review)
The Supreme Court of Canada decided that an Indian band assessing the value of leased reserve lands for property tax purposes is still subject to the "highest and best use" principle...
Canada
13 Sep 2016
18
Municipal Liability For ByLaw Enforcement: A Bylaw's Not A Bylaw In Vlanich v. Typhair
The Ontario Court of Appeal has re-ignited the discussion about when a municipality will be held liable for its shoddy bylaw enforcement efforts.
Canada
6 Jul 2016
19
Assertion Of Aboriginal Right Does Not Automatically Confer Eligibility To Appeal A Regulatory Approval In O'Chiese First Nation v. Alberta Energy Regulator
On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation's request to appeal the Court of Appeal's dismissal of its bid to challenge a regulatory approval.
Canada
7 Jun 2016
20
SCC Says Province Has "Crown" Powers (And Obligations) In Traditional Aboriginal Treaties
On July 11, 2014, the Supreme Court of Canada confirmed that the "Crown" in historical treaties with First Nations groups includes both the provincial and the federal governments
Canada
15 Oct 2014
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