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Searching Content indexed under Indigenous Peoples by Roy Millen ordered by Published Date Descending.
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1
Supreme Court Of Canada Rules Duty To Consult Does Not Apply To The Law-Making Process
The Supreme Court of Canada determined that Ministers of the Crown have no duty to consult Aboriginal Peoples in the development of legislation, in its October 11, 2018 decision in Mikisew Cree First Nation v. Canada.
Canada
16 Oct 2018
2
Modern Treaty Rights Prevail Over Duty To Consult First Nations Asserting Aboriginal Rights
What happens when a First Nation asserts aboriginal rights or title that conflict with another First Nation's rights under a modern treaty?
Canada
12 Apr 2018
3
Implementing UNDRIP? Federal Government Releases Draft Environmental Legislation
On February 8, 2018, the Government of Canada introduced Bill C-69 to reform the federal environmental impact assessment process...
Canada
14 Feb 2018
4
American Citizen Secures Aboriginal Rights In Canada
The Lakes Tribe is a successor group to the Sinixt people, whose traditional territory included an area surrounding the Arrow Lakes in B.C.
Canada
8 Feb 2018
5
Yukon Must Follow Land Use Planning Process From Umbrella Final Agreement, SCC Rules
On December 1, 2017, in First Nations of Nacho Nyak Dun v. Yukon, the SCC overturned a Yukon government decision to open the Peel watershed for development and significantly modify the Peel Watershed Planning
Canada
5 Dec 2017
6
SCC Confirms The Role Of Regulatory Tribunals In Aboriginal Consultation
On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation:
Canada
28 Jul 2017
7
B.C. Court Denies First Nations Injunction Request To Stop Development Pending Resolution Of Action
BRFN relied on this statement in bringing its second injunction application in August 2016.
Canada
20 Jun 2017
8
Beyond Borders: B.C. Court Rules U.S. Resident Has Aboriginal Right To Hunt In Canada
On March 27, 2017, in an unprecedented decision, the Provincial Court of British Columbia ruled in R. v. DeSautel to recognize the aboriginal rights of a First Nation whose members reside in the United States ...
Canada
11 Apr 2017
9
Federal Court Of Appeal Says There Is No Duty To Consult On Legislation
Does the Crown have a duty to consult when contemplating and introducing legislation that may adversely impact aboriginal rights?
Canada
5 Jan 2017
10
Northern Gateway Project Approval Quashed Due To Inadequate Consultation
In its recent decision in Gitxaala Nation v. Canada, the Federal Court of Appeal (Court) quashed federal approval of the proposed Northern Gateway Project (Project).
Canada
11 Jul 2016
11
Supreme Court To Hear Appeals On Role Of Tribunals In Duty To Consult
The Supreme Court of Canada (SCC) has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown's duty to consult.
Canada
21 Mar 2016
12
Key Legal Considerations In Developing Partnerships With First Nations
When businesses look to form partnerships with First Nations, building an informal relationship often comes first, before legal terms are considered.
Canada
19 Nov 2015
13
Can First Nations Claim Aboriginal Rights And Title As Well As Treaty Rights?
Yes, said the Court of Appeal for British Columbia (Court) in its recent decision in Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations).
Canada
12 Aug 2015
14
Court Upholds First Nations’ Right To Bring Claims Based On Interference With Unproven Aboriginal Rights And Title
It is important to note that the court's reasoning is not only applicable to aboriginal rights but also to treaty rights, which are equally protected by section 35 of the Constitution Act, 1982.
Canada
21 Apr 2015
15
Provincial Licence Doesn’t Promise Adequate Consultation With First Nations
This case serves as a reminder to would-be resource developers that a licence to harvest provincial resources is necessary but not always sufficient to carry out the intended operations.
Canada
24 Mar 2015
16
Ontario Can "Take Up" Lands Under Treaty 3 Without Seeking Federal Approval
The Supreme Court of Canada released its decision in the Keewatin case, confirming that Ontario can "take up" lands in Treaty 3 without requiring federal government preapproval.
Canada
14 Jul 2014
17
Supreme Court Of Canada Releases Landmark Aboriginal Title Case
The Supreme Court of Canada released its unanimous decision in the Tsilhqot’in Nation v. British Columbia case (generally known as the Roger William case).
Canada
7 Jul 2014
18
First Nations’ Nuisance Action Struck For Want Of A Crown Defendant
In its recent decision in Thomas v. Rio Tinto Alcan Inc., the Supreme Court of British Columbia (Court) struck an action brought by the Saik’uz and Stellat’en First Nations (First Nations) against Rio Tinto Alcan (RTA).
Canada
12 Feb 2014
19
Mining And Aboriginal Consultation In The Yukon
Mining and Aboriginal Peoples are both significant aspects of life in the Yukon. The territorial government recently amended its mining legislation to require consultation of Aboriginal Peoples before exploration programs are undertaken.
Canada
20 Jan 2014
20
Centralizing The Duty To Consult: Alberta's New Aboriginal Consultation Office
Aboriginal Law, Energy, Environmental & Aboriginal Law
Canada
21 Nov 2013
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