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Searching Content indexed under Indigenous Peoples by McMillan LLP ordered by Published Date Descending.
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Sacred Places And The Duty To Consult: SCC Confirms Governments Must Balance Aboriginal And Non-Aboriginal Interests
The law defines Aboriginal rights as customs, practices and traditions integral to a distinctive culture at the time of contact with European settlers.
Canada
7 Nov 2017
2
Duty To Consult Does Not Apply To All Aboriginal Concerns
It is relatively common knowledge that the government has a "duty to consult" aboriginal groups when undertaking actions or making decisions that could adversely affect aboriginal rights, aboriginal title and treaty rights.
Canada
12 Apr 2017
3
Court Of Appeal Holds Duty To Consult Does Not Apply To Statutory Interpretation
There is a common misconception that the Crown's duty to consult aboriginal peoples is unstructured and uncertain, and a related misconception that the government consistently loses legal challenges on this basis.
Canada
12 Jan 2017
4
A Thunderbolt Decision On Métis Rights: Daniels v Canada (Indian Affairs And Northern Development)*
The recent Supreme Court of Canada decision in Daniels represents a powerful form of judicial activism.
Canada
28 Apr 2016
5
2015 In Review: Significant Increase In Leveraged Investments By The Aboriginal Loan Guarantee Program
Ontario's Aboriginal Loan Guarantee Program ("ALGP") has concluded another successful year of growth.
Canada
18 Dec 2015
6
Keep Your (Fiduciary) Hands Off My Money: Louie v. Louie, 2015 BCCA 247
A claimed aboriginal custom for the payment of honoraria to certain band council members did not pass judicial scrutiny in the recent decision of Louie v. Louie, 2015 BCCA 247.
Canada
19 Nov 2015
7
One Step Forward and Two Steps Back: Province Found To Have Breached Aboriginal Consultation Obligations For Second Time
The Crown's failure to adequately consult with Aboriginal groups will not always result in a meaningful remedy being granted by the courts.
Canada
10 Mar 2015
8
Aboriginal Claims And Standard Of Review Of The Specific Claims Tribunal: Canada V Kitselas First Nation*
Aboriginal Claims And Standard Of Review Of The Specific Claims Tribunal: Canada V Kitselas First Nation1
Canada
16 Oct 2014
9
The Post-Tsilhqot’in World: Court Rejects First Nation’s Assertion Of Crown Obligation To Negotiate And Settle Litigated Claims
The British Columbia Supreme Court flatly rejected in Sam v. British Columbia that Tsilhqot'in had created a legal duty on the Crown to negotiate in good faith.
Canada
29 Sep 2014
10
Court Affirms Right Of Province To "Take Up" Treaty Lands – "Grassy Narrows First Nation v. Ontario (Natural Resources)"
Natural resource companies conducting operations on the basis of provincially granted authorizations have received a welcome confirmation from the Supreme Court.
Canada
17 Jul 2014
11
What Does Aboriginal Title Mean For Mining In British Columbia?
The decision of the Supreme Court of Canada in Tsilhqot'in v. BC has received a great deal of attention and has caused people to ask some important questions.
Canada
9 Jul 2014
12
Supreme Court Declares Aboriginal Title In Tsilhqot'in Nation V. British Columbia
More than 41 years ago, a six-member panel of the Supreme Court of Canada held in Calder v. BC that the concept of Aboriginal title exists under Canadian law.
Canada
30 Jun 2014
13
Province Punished In Costs In Flawed Consultation Case: "Moulton Contracting Ltd. v. British Columbia"*
British Columbia has been punished with a substantial costs award made against it arising out of a flawed consultation process with the Fort Nelson First Nation.
Canada
23 Jun 2014
14
Update: Louis v British Columbia Minister Of Energy Mines And Petroleum Resources
On September 26, 2013 the BC Court of Appeal rendered its decision in Louis v British Columbia, 2013 BCCA 412.
Canada
30 Sep 2013
15
Duty To Consult Met In Forest Management Decisions On Treaty Lands
In a recent case concerning the duty to consult in BC, "Chartrand v. The District Manager", the Supreme Court has upheld the province of British Columbia's consultation with the Kwakiutl First Nation regarding forest management decisions.
Canada
11 Jul 2013
16
Business Interests Working Through Parts Of Canada's Identity: Aboriginal Law And Federalism
The Ontario Court of Appeal earlier this year provided some helpful confirmation to companies in the natural resources sector seeking licenses from the Province.
Canada
8 Jul 2013
17
Supreme Court Of Canada Holds Aboriginal Rights Cannot Be Used To Justify Road Blockades
In the latest important decision from the Supreme Court of Canada on aboriginal law, the court held that individual members of an Aboriginal group cannot invoke "self-help" remedies, such as blockades—when claiming that the government breached its duty to consult the Aboriginal group before making a decision affecting the group.
Canada
14 May 2013
18
Yukon Court Of Appeal Finds Duty To Consult Exists When Recording Mineral Claims
On December 27, 2012, the Yukon Court of Appeal ruled in "Ross River Dena Council v. Government of Yukon",
Canada
8 Jan 2013
19
BC Court Of Appeal Overturns Decision And Finds Duty To Consult Met In Environmental Assessment
On November 22, 2012 in Halalt First Nation v British Columbia, 2012 BCCA 472, the BC Court of Appeal overturned the decision of a Chambers Judge regarding the BC Environmental Assessment Office's duty to consult and accommodate the Halalt First Nation with respect to a water well project.
Canada
3 Dec 2012
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