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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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Ditching the doctrine of discovery (and what that means for Canadian law)
On May 1, 2016, the Long March to Rome is scheduled to arrive at St Peter’s Square in the Vatican to formally ask that Pope Francis rescind…
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New FCA decision creates dangerous loophole to the duty to consult and accommodate
A recent decision of the Federal Court of Appeal (“FCA”) has muddied the waters regarding the role of the administrative tribunals in Crown-Aboriginal consultation and effectively diminished the duty of…
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Solitary confinement and federally sentenced Indigenous women: a moment for change
Indigenous people, and especially Indigenous women, are disproportionately subject to solitary confinement in Canadian prisons, a treatment that has long-term health consequences for those subject to it. Last week, the…
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Who gets compensation for failed Aboriginal consultation?
The Supreme Court of Canada has closed the final door in the complicated saga of a B.C. logging dispute that raised questions about Aboriginal consultation, and the remedies available to…
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Public governments must diligently fulfill the purposes underlying treaty promises
The Yukon Court of Appeal has confirmed that public governments must act diligently to ensure fulfillment of the purposes behind their treaty obligations. The First Nation of…
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Making First Nations financial transparency fair
A new Federal Court decision pauses Canada’s efforts to force First Nations to disclose private financial information. Aboriginal groups challenging the First Nations Financial…
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