Category Archives: Aboriginal

Grassy Narrows, Division of Powers and International Law

By: Nigel Bankes PDF Version: Grassy Narrows, Division of Powers and International Law Case commented on: Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48 This post discusses two issues arising from the Supreme Court’s decision in Grassy … Continue reading

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What Does Radical Title Add to the Concept of Sovereignty?

By: Nigel Bankes and Jonnette Watson Hamilton PDF Version: What Does Radical Title Add to the Concept of Sovereignty? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Crown’s radical title plays a larger role in the … Continue reading

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The Importance of Location and Context to the Future Application of the Grassy Narrows Decision of the Supreme Court of Canada

By: Kirk Lambrecht Q.C. PDF Version: The Importance of Location and Context to the Future Application of the Grassy Narrows Decision of the Supreme Court of Canada Case commented on: Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC … Continue reading

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The Keewatin Case: “Taking up” Lands under Treaty 3

By: Jennifer Hocking PDF Version: The Keewatin Case: “Taking up” Lands under Treaty 3 Case commented on: Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48 On July 11, 2014, the Supreme Court of Canada issued its decision … Continue reading

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The ‘Inherent Limit’ Post-Tsilhqot’in: Where Indigenous Law and Land-Use Planning Meet

By: Martin Olszynski PDF Version: The ‘Inherent Limit’ Post-Tsilhqot’in: Where Indigenous Law and Land-Use Planning Meet Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The focus of this post, the fourth in a series of ABlawg posts … Continue reading

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Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada

By: Sharon Mascher PDF Version: Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44  On June 26, 2014, the Supreme Court of … Continue reading

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Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867?

By: Nigel Bankes and Jennifer Koshan PDF Version: Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Delgamuukw decision of the Supreme … Continue reading

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Establishing Aboriginal Title: A Return to Delgamuukw

By: Jonnette Watson Hamilton PDF Version: Establishing Aboriginal Title: A Return to Delgamuukw Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The declaration of Aboriginal title by the Supreme Court of Canada on June 26, 2014 — … Continue reading

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Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement

By: Nigel Bankes PDF Version:Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement Case commented on: Nunavut Tunngavik Incorporated v Canada (Attorney General), 2014 … Continue reading

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“The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24)

By: Geoff S. Costeloe PDF Version: “The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24) Cases commented on: Daniels v Canada, 2013 FC 6; Canada v Daniels, 2014 FCA 101. A decision by the Federal Court of … Continue reading

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