Category Archives: Aboriginal

Extractive Sector Transparency Measures Act: Reporting Without Context Will Subvert Reconciliation Efforts

By: Emily Stanhope PDF Version: Extractive Sector Transparency Measures Act: Reporting Without Context Will Subvert Reconciliation Efforts Legislation Commented On: Extractive Sector Transparency Measures Act, SC 2014, c 39, s 376 Canada’s new Extractive Sector Transparency Measures Act (ESTMA), which … Continue reading

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Provincial Environmental Appeal Boards: A Forum of Choice for Environmental (and First Nation) Plaintiffs?

By: Nigel Bankes PDF Version: Provincial Environmental Appeal Boards: A Forum of Choice for Environmental (and First Nation) Plaintiffs? Decision Commented On: Chief Gale and the Fort Nelson First Nation v Assistant Regional Water Manager & Nexen Inc et al, … Continue reading

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The Federal Crown Fulfilled its Consultation Obligations when the National Energy Board Approved a Seismic Program in Baffin Bay

By: Nigel Bankes PDF Version: The Federal Crown Fulfilled its Consultation Obligations when the National Energy Board Approved a Seismic Program in Baffin Bay Case Commented On: Hamlet of Clyde River, Nammautaq Hunters and Trappers Organization – Clyde River and … Continue reading

Posted in Aboriginal, Intervenors and Standing, Oil & Gas | 1 Comment

First Nations Education Funding: The Case of Sloan & Marvin

By: Elysa Hogg PDF Version: First Nations Education Funding: The Case of Sloan & Marvin Sloan and Marvin Miller are twin children with Down Syndrome and because of where they live, their government refuses to provide them with the special … Continue reading

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Sense and Sensibility at the AER?

By: David Laidlaw PDF Version: Sense and Sensibility at the AER? Decision Commented On: Pembina Pipeline Prehearing Meeting 2015 ABAER 002 The Alberta Energy Regulator (AER) held a prehearing meeting on May 14, 2014 with all of the objecting parties … Continue reading

Posted in Aboriginal, Responsible Energy Development Act | 1 Comment

Aboriginal Title Claim Against a Private Party Allowed to Continue

By: Nigel Bankes     PDF Version: Aboriginal Title Claim Against a Private Party Allowed to Continue Case Commented On: Ominayak v Penn West Petroleum Ltd, 2015 ABQB 342 Some forty or so years ago the Lubicon Lake Band and Chief Bernard … Continue reading

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The Supreme Court’s Latest Equality Rights Decision: An Emphasis on Arbitrariness

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The Supreme Court’s Latest Equality Rights Decision: An Emphasis on Arbitrariness Case Commented On: Kahkewistahaw First Nation v Taypotat, 2015 SCC 30 (CanLII) The Supreme Court released its decision in Kahkewistahaw … Continue reading

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Crown Oil Sands Dispositions and the Duty to Consult

By: Nigel Bankes PDF Version: Crown Oil Sands Dispositions and the Duty to Consult Case Commented On: Buffalo River Dene Nation v Ministry of Energy and Resources and Scott Land and Lease Ltd, 2015 SKCA 31 The Saskatchewan Court of … Continue reading

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An Update on the Northern Gateway Litigation

By: Nigel Bankes PDF Version: An Update on the Northern Gateway Litigation Cases Commented On: Forest Ethics Advocacy Association v Northern Gateway Pipelines Inc, 2015 FCA 26; Gitxaala Nation v Northern Gateway Pipelines Inc, 2015 FCA 27; Gitxaala Nation v … Continue reading

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Entitlements Protected by a Property Rule vs Entitlements Protected by a Liability Rule; or FPIC vs Regulated Access

By: Nigel Bankes PDF Version: Entitlements Protected by a Property Rule vs Entitlements Protected by a Liability Rule; or FPIC vs Regulated Access Case Commented On: Sproule v Altalink Management Ltd, 2015 ABQB 153 AltaLink is building a transmission line … Continue reading

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