Category Archives: Aboriginal

The Role of the “Noble Savage” in Environmental Social Activism

Posted on May 13, 2013 by

PDF version: The Role of the “Noble Savage” in Environmental Social Activism Context of discussion: Enbridge Northern Gateway Pipelines Project This blog is to discuss what I call the “The Role of the Noble Savage” in the pursuit of environmental … Continue reading →

Posted in Aboriginal, Environmental, Oil & Gas | 1 Comment

Supreme Court Renders Leave to Appeal Decisions in Several Alberta Cases

Posted on April 15, 2013 by

PDF version: Supreme Court Renders Leave to Appeal Decisions in Several Alberta Cases Cases Considered: R v Mack, 2012 ABCA 42, leave to appeal granted, April 11, 2013 (SCC); Métis Nation of Alberta Region 1 v Joint Review Panel, 2012 … Continue reading →

Posted in Aboriginal, Administrative Law, Civil Procedure and Evidence, Criminal, Supreme Court of Canada | Leave a comment

The Manitoba Métis Case and the Honour of the Crown

Posted on April 9, 2013 by

PDF version: The Manitoba Métis Case and the Honour of the Crown Case commented on: Manitoba Métis Federation Inc v Canada (Attorney General), 2013 SCC 14 In its historic decision on the constitutional rights of the Manitoba Métis, the majority of … Continue reading →

Posted in Aboriginal, Constitutional, Property | Leave a comment

The right to trap in traditional territory: a case of competing normative orders?

Posted on January 16, 2013 by

PDF version: The right to trap in traditional territory: a case of competing normative orders? Decision commented on: Cooper and Boucher v Ganter and HMQA, 2012 ABQB 695 I don’t actually know if this is a case of competing normative orders … Continue reading →

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The death of free entry mining regimes in Canada?

Posted on January 15, 2013 by

PDF version: The death of free entry mining regimes in Canada? Decision commented on: Ross River Dena Council v Government of Yukon, 2012 YKCA 14. I (along with co-author Cheryl Sharvit) and others have long tried to make the case that … Continue reading →

Posted in Aboriginal, Natural Resources | 1 Comment

Duty to consult application is premature – what’s the big deal?

Posted on December 4, 2012 by

PDF version: Duty to consult application is premature – what’s the big deal? Case and decision commented on: Metis Nation of Alberta Region 1 v Joint Review Panel, 2012 ABCA 352 and decision of the Joint Review Panel  In this decision … Continue reading →

Posted in Aboriginal, Administrative Law, Energy | 3 Comments

Who decides if the Crown has met its duty to consult and accommodate?

Posted on September 6, 2012 by

PDF version: Who decides if the Crown has met its duty to consult and accommodate? Decision commented on: Reasons for July 17, 2012 Decision on Notice of Question of Constitutional Law, Osum Oil Sands Corp., Taiga Project, August 24, 2012. … Continue reading →

Posted in Aboriginal, Administrative Law, Constitutional, Natural Resources | 1 Comment

The implications of the Tsilhqot’in Case for the Numbered Treaties

Posted on July 11, 2012 by

PDF version: The implications of the Tsilhqot’in Case for the Numbered Treaties Cases Considered: Williams v British Columbia, 2012 BCCA 285, and Lameman v Alberta, 2012 ABQB 195 The unanimous decision of the British Columbia in Williams, (a.k.a. the Tsilhqot’in … Continue reading →

Posted in Aboriginal, International Law | 1 Comment

Disgorgement Damages Awarded against Canada for Breach of a Modern Land Claim Agreement

Posted on July 5, 2012 by

PDF version: Disgorgement Damages Awarded against Canada for Breach of a Modern Land Claim Agreement Case commented on: NTI v Canada (Attorney General), 2012 NUCJ 11 In this important case Justice Earl Johnson in the Nunavut Court of Justice has … Continue reading →

Posted in Aboriginal, Property | 1 Comment

Da’naxda’xw/Awaetlala

Posted on August 29, 2011 by

PDF version: Da’naxda’xw/Awaetlala  Case considered: Da’naxda’xw/Awaetlala First Nation v British Columbia (Environment), 2011 BCSC 620 (“Da’naxda’xw/Awaetlala“) In the Da’naxda’xw/Awaetlala case, Madam Justice Fisher was faced with a different type of duty to consult and accommodate issue. While this is a … Continue reading →

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