Category Archives: Aboriginal

First Nations Community Election Codes and the Charter

By: Jennifer Koshan PDF Version: First Nations Community Election Codes and the Charter Case Commented On:  Orr v Peerless Trout First Nation, 2015 ABQB 5 In December Jonnette Watson Hamilton and I wrote a post commenting on Taypotat v Taypotat, … Continue reading

Posted in Aboriginal, Constitutional | 3 Comments

All I Want for Christmas is the Justification for Shell Jackpine

By: Martin Olszynski PDF Version: All I Want for Christmas is the Justification for Shell Jackpine Case Commented On: Adam v Canada (Environment), [2014] FC 1185 On December 9, 2014, the Federal Court rendered its decision in Adam v. Canada … Continue reading

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The Supreme Court’s Other Opportunity to Revisit Adverse Effects Discrimination under the Charter: Taypotat v Taypotat

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The Supreme Court’s Other Opportunity to Revisit Adverse Effects Discrimination under the Charter: Taypotat v Taypotat Case Commented On: Taypotat v Taypotat, 2012 FC 1036; rev’d 2013 FCA 192; leave to … Continue reading

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A Revised Aboriginal Consultation Direction issued to the Alberta Energy Regulator

By: Giorilyn Bruno and Nigel Bankes PDF Version: A Revised Aboriginal Consultation Direction issued to the Alberta Energy Regulator Direction and Decision Commented On: Energy Ministerial Order 105/2014 /  Environment and Sustainable Resource Development Ministerial Order 53/2014; Prosper Petroleum Ltd., … Continue reading

Posted in Aboriginal, Energy, Responsible Energy Development Act | Leave a comment

Supreme Court of Canada grants Leave to Appeal in Daniels

Case commented on: Harry Daniels et al. v. Her Majesty the Queen as represented by The Minister of Indian Affairs and Northern Development et al, 2013 FC 6, varied 2014 FCA 101; leave granted November 20, 2014 (SCC) (35945) Yesterday … Continue reading

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The Uncertain Status of the Doctrine of Interjurisdictional Immunity on Reserve Lands

By: Nigel Bankes and Jennifer Koshan PDF Version: The Uncertain Status of the Doctrine of Interjurisdictional Immunity on Reserve Lands Case Commented On: Sechelt Indian Band v. British Columbia (Manufactured Home Park Tenancy Act, Dispute Resolution Officer), 2013 BCCA 262, … Continue reading

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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

Posted in Aboriginal, Constitutional, International Law | 2 Comments

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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