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Searching Content indexed under Litigation, Mediation & Arbitration by Julie Abouchar ordered by Published Date Descending.
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Case to Watch: Does the Duty to Consult Apply to Maintenance of Existing Pipelines?
In Aroland First Nation v Transcanada Pipelines Limited, the Ontario Superior Court of Justice declined to decide on a motion whether the duty to consult applies ...
Canada
12 Feb 2019
2
Supreme Court Decides That Duty To Consult Does Not Apply To Law-Making Process: Mikisew Cree First Nation v Canada
On October 11, 2018, the Supreme Court of Canada ("SCC") released its decision in Mikisew Cree First Nation v Canada (Governor General in Council) ("Mikisew Cree").
Canada
27 Nov 2018
3
Consultation Expectations: Can The Government Change Its Consultation Approach And Still Satisfy Its Duty To Consult?
Federal, provincial, and territorial governments have a duty to consult Indigenous peoples when the government has knowledge of an Aboriginal right or claim that could be affected by a government's decision.
Canada
1 Oct 2018
4
Supreme Court Finds Development Of Jumbo Valley Ski Resort Does Not Impair Ktunaxa Nation's Freedom Of Religion
In Ktunaxa Nation v British Columbia, the Supreme Court considered the application of freedom of religion to Indigenous spirituality for the first time.
Canada
13 Nov 2017
5
Wind Farm Approval Revoked Due To Human Safety Concerns
On August 16, 2017 the Environmental Review Tribunal released its decision in Wiggins v Ontario (Environment and Climate Change), involving a challenge to the grant of a wind turbine farm approval.
Canada
22 Aug 2017
6
Heavy Lies The Head That Wears The Crown: SCC Delivers Clyde River And Chippewas Judgments
On July 26, 2017, the Supreme Court of Canada released its unanimous decisions in Clyde River (Hamlet) v Petroleum Geo-Services Inc. and Chippewas of the Thames First Nation v Enbridge Pipelines Inc.
Canada
1 Aug 2017
7
Saugeen First Nation v Ontario: Court Comments On Crown Role And Consultation Funding
SON received periodically updated lists of outstanding aggregate licence applications from the Crown.
Canada
27 Jul 2017
8
BC Court Declines To Issue Injunction In Aboriginal Treaty Rights Case
The Supreme Court of British Columbia recently released its decision in Yahey v British Columbia. The Court clarified the requirements for Aboriginal groups seeking to enjoin or prohibit future...
Canada
19 Jul 2017
9
Is There A Duty To Consult On Legislation? SCC May Decide
This week the SCC received an application to hear an appeal of the Federal Court of Appeal ("FCA") decision in Canada (Governor General In Council) v Courtoreille ("Courtoreille").
Canada
23 Feb 2017
10
Unreasonable Delay And Environmental Prosecutions
Companies and individuals who may be charged with environmental offence, often ask how long the legal proceedings may last.
Canada
29 Sep 2016
11
Mtis And Non-Status Indians: Out Of The Jurisdictional Wasteland
On April 14, 2016, the Supreme Court of Canada released its decision in Daniels v Canada (Indian Affairs and Northern Development).
Canada
3 May 2016
12
First Nations Not Barred From Bringing Claims Against Private Parties Based On Harm To Unproven Aboriginal Rights, Title And Treaty Rights
On October 15, 2015, the Supreme Court of Canada dismissed Rio Tinto Alcan Inc.'s ("Rio Tinto") application for leave to appeal the British Columbia Court of Appeal ("BCCA") decision in Saik'uz First Nation v Rio Tinto Alcan Inc.
Canada
30 Oct 2015
13
Yellowknives Dene First Nation V. Debogorski: Is The Duty To Consult Changing?
On June 23, 2015, the Federal Court of Appeal released Yellowknives Dene First Nation v. The Minister of Aboriginal Affairs and Northern Development, the Mackenzie Valley Land and Water Board, and Alex Debogorski, 2015 FCA 148.
Canada
24 Jul 2015
14
BC Court Of Appeal: First Nations Can Bring Tort Claims For Harm To Asserted Rights
On April 15, 2015 the British Columbia Court of Appeal ("BCCA") released Saik'uz First Nation v Rio Tinto Alcan Inc. ("Saik'uz").
Canada
13 May 2015
15
Update: Canada Files Notice Of Appeal For The Injunction Granted By The Northwest Territories Supreme Court To Delay Elimination Of Wek'ezhi Land And Water Board
This is an update to our March 2, 2015 article entitled Northwest Territories Supreme Court Grants Tłįchǫ Government Injunction To Delay Elimination of Wek'ezhi Land and Water Board.
Canada
31 Mar 2015
16
Northwest Territories Supreme Court Grants Tłįchǫ Government Injunction To Delay Elimination Of Wek'ezhi Land And Water Board
On February 27, 2015, the Supreme Court of the Northwest Territories (NWTSC) released its interlocutory decision in Tłįchǫ Government v Canada (Attorney General).
Canada
3 Mar 2015
17
Company Fined $185,000 Under The Fisheries Act For Discharge To Municipal Drain
On November 6, 2014, the Alberta Provincial Court ordered Norellco Contractors Ltd. (Norellco) to pay $185,000 after Norellco pleaded guilty to one count under the Fisheries Act.
Canada
23 Feb 2015
18
First Nation Challenges To Hydroelectric Development - A Tale Of Two Provinces
Ontario and British Columbia have both invested heavily in infrastructure to generate inexpensive power.
Canada
7 Jan 2015
19
Supreme Court Clarifies Provincial Aboriginal Consultation Responsibilities When Issuing Resource Permits In "Keewatin" And Applies "Tsilqotin" Infringement Test
The Supreme Court of Canadas recent decision in Grassy Narrows First Nation v Ontario (Natural Resources) underscores once again the Crowns duty to consult.
Canada
18 Jul 2014
20
First Nations Launch Drinking Water Lawsuit Against Federal Government
Four Alberta First Nations launched a lawsuit against the federal government, alleging that Canada failed to provide resources to ensure safe drinking water.
Canada
25 Jun 2014
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