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Aboriginal title can be declared over privately-owned land
Friday, November 15, 2024
The six Wolastoqey Nations in New Brunswick recently received a precedent-setting decision in their Aboriginal title claim. In Wolastoqey Nations v New Brunswick…
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Inadequacies in NEB process raises important questions about the Energy East Project
Unilateral cuts to participant funding in the National Energy Board (“NEB”) hearings for the Energy East Pipeline have raised grave concerns for First Nations about how they can participate in…
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Yes or no is the way to go in Aboriginal resource development
A group of stakeholders consisting of resource companies, financial institutions, environmental groups and First Nations have taken a stand and are insisting that free, prior, and informed consent (“FPIC”) be…
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Canadian courts have jurisdiction to enforce foreign damage awards against Canadian subsidiaries
In the end, the unanimous decision of the Supreme Court of Canada in Chevron Corp. et al. v. Yaiguaje (2015 SCC 42, decided September 4, 2015) was simple. The indigenous…
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Kapyong Barracks: hope for an urban reserve
A new Federal Court of Appeal decision opens the door for First Nations seeking to enforce their rights (such as treaty land entitlements) under modern agreements with Canada, and moves…
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Chartrand cases establishes important principles but demonstrates shortcomings of Aboriginal consultation cases
A decade of decisions since the seminal Haida case make it clear that the “duty to consult and accommodate” is not a panacea that cures all ills in the relationship…
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Walking the talk: The skinny on self determination
Newspapers reported earlier this month that Alberta’s new Premier, Rachel Notley, has instructed her cabinet ministers to come up with a plan for their respective departments to…
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