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Searching Content indexed under Indigenous Peoples by Fasken ordered by Published Date Descending.
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1
Doing Business In Canada 2019 - Indigenous Law
Indigenous peoples in Canada (First Nations, Inuit, and Métis) have Aboriginal rights (including treaty rights) that may include Aboriginal title over significant areas of land.
Canada
5 Jul 2019
2
The Supreme Court Of Canada Refuses To Hear The Appeal Of A Group Claiming Métis Status
The Court of Appeal also decided to look into the issue of control, more specifically the criterion used by the trial judge to determine control.
Canada
31 May 2019
3
BC Court Of Appeal Affirms Right To Hunt For Indigenous Group Located Outside Of Canada
On May 2, 2019, in R. v. Desautel, 2019 BCCA 151, the British Columbia Court of Appeal found that "aboriginal peoples of Canada" in s. 35 of the Constitution Act, 1982 should be broadly interpreted to include ...
Canada
15 May 2019
4
Claim Denied: Yukon Court Provides Guidance On When A Tribal Council Can Deal With Indigenous Rights
This conclusion aligned with the argument of the Liard First Nation and was supported by expert evidence at trial.
Canada
9 May 2019
5
The Waiting Game Continues For Taseko's New Prosperity Mine
The Tsilhqot'in applied for leave to appeal to the Supreme Court of Canada.
Canada
3 May 2019
6
British Columbia Court Of Appeal Reaffirms Duty To Consult Not A Duty To Agree
Sometimes parties are unable to resolve their differences and work towards reconciliation because of fundamental disagreements.
Canada
26 Mar 2019
7
Canada
25 Oct 2018
8
USMCA Aims To Protect The Interests Of Indigenous Peoples In International Trade
The new NAFTA, the United States-Mexico-Canada Agreement ("USMCA"), introduces specific protections for Indigenous peoples.
Canada
23 Oct 2018
9
Duty To Consult Not Triggered By Law-Making Process, But Uncertainty Remains
In 2012, the former conservative government introduced two broad omnibus bills that changed the Canadian Environmental Assessment Act and other environmental statutes.
Canada
17 Oct 2018
10
SCC Clarifies Application Of Charter Protection Of Freedom Of Religion To Indigenous Spiritual Beliefs And Lands
On November 2, 2017, the Supreme Court of Canada dismissed the Ktunaxa Nation's appeal in Ktunaxa Nation v Minister of Forests, Lands, Natural Resource Operations, 2017 SCC 54.
Canada
10 Nov 2017
11
Ontario Divisional Court Weighs In On Funding Consultation
Last week saw the release of three court decisions relating to the Crown's duty to consult Aboriginal peoples.
Canada
17 Aug 2017
12
SCC Finds NEB Has Mandate To Consult
The SCC decisions arose from two decisions of the NEB. The first was a decision granting authorizations to TGS-NOPEC Geophysical Company ("TGS") to conduct an offshore seismic survey...
Canada
11 Aug 2017
13
Brantford Blockade By-laws Upheld
The Ontario Court of Appeal recently upheld two by-laws passed by the City of Brantford.
Canada
3 Oct 2013
14
Supreme Court Of Canada Dismisses Leave to Appeal In Ross River Dena Council
On September 19, 2013, the Supreme Court of Canada dismissed an application for leave to appeal the Yukon Court of Appeal decision in Ross River Dena Council v. Government of Yukon, 2012 YKCA 14.
Canada
20 Sep 2013
15
Alberta Government Releases New Aboriginal Consultation Policy
On August 16, 2013, the Alberta Government released its new Policy on Consultation with First Nations on Land and Natural Resource Management. The Policy is expected to come into effect this fall and will replace the prior Policy, which was adopted in 2005. A draft of the new Policy was circulated for review and comment earlier this year.
Canada
22 Aug 2013
16
New Alberta Energy Regulator Approves Dover Oil Sands Project Despite Aboriginal Concerns
On August 6, 2013, the new Alberta Energy Regulator (AER) released its decision on an application made by Dover Operating Corporation (Dover) to construct and operate a bitumen recovery project northwest of Fort McMurray, Alberta. The Project would use steam-assisted gravity drainage (SAGD) technology.
Canada
15 Aug 2013
17
BC Court of Appeal Reconsiders Ahousaht and the Aboriginal Right to Harvest and Sell Fish
On July 2, 2013 the British Columbia Court of Appeal issued its reasons for decision on the reconsideration of Ahousaht Indian Band and Nation v. Canada (Attorney General), 2013 BCCA 300.
Canada
7 Jul 2013
18
Alberta Court of Appeal Adjusts Powley Test to Suit Nomadic Métis Peoples
On July 4, 2013, the Alberta Court of Appeal released its much-anticipated decision in R. v. Hirsekorn, 2013 ABCA 242. Garry Hirsekorn was charged with hunting deer out of season without a permit in violation of the Alberta Wildlife Act.
Canada
6 Jul 2013
19
Supreme Court Of Canada Disagrees Over Expansion Of The Duty To Aboriginal Groups
In Manitoba Métis Federation Inc. v. Canada (Attorney General), 2013 SCC 14, the Supreme Court of Canada dismissed an appeal from judgments of the Manitoba courts holding that Canada had not breached its fiduciary duties to the Métis.
Canada
15 Mar 2013
20
Supreme Court Of Canada Denies Leave On Aboriginal Claim For Breach Of Fiduciary Duty
On January 17, 2013, the Supreme Court of Canada denied the Blood Tribe’s application for leave to appeal the Alberta Court of Appeal’s decision in Blood Tribe v. Canada (Attorney General), 2012 ABCA 206.
Canada
5 Feb 2013
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