Category Archives: Aboriginal

What are the Rules Governing Consents to Assignments of Pipeline Easements across Indian Reserves?

PDF Version: What are the Rules Governing Consents to Assignments of Pipeline Easements across Indian Reserves?  Case commented on: Coldwater Indian Band v Minister of Indian Affairs and Northern Development, 2013 FC 1138 This case raises the question of the … Continue reading

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Constitutional Questions and the Alberta Energy Regulator

PDF Version: Constitutional Questions and the Alberta Energy Regulator Decisions commented on: (1) ERCB Letter Decision, April 18, 2013, re Fort McKay First Nation, Notice of Question of Constitutional Law; (2) ERCB Letter decision, May 23, 2013, reasons for decision … Continue reading

Posted in Aboriginal, Administrative Law, Constitutional | 4 Comments

The Crown Owes No Duty to Consult Indigenous Communities Before Ratifying a Bilateral Investment Treaty

PDF Version: The Crown Owes No Duty to Consult Indigenous Communities Before Ratifying a Bilateral Investment Treaty Case commented on: Hupacasath First Nation v Minister of Foreign Affairs Canada and the Attorney General of Canada, 2013 FC 2009 In this … Continue reading

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Advance Costs and Trusts: Little Sisters and Okanagan Distinguished

PDF Version: Advance Costs and Trusts: Little Sisters and Okanagan Distinguished Case commented on: 1985 Sawridge Trust v Alberta (Public Trustee), 2013 ABCA 226 The Alberta Court of Appeal recently upheld an award of advance costs originally granted in 1985 … Continue reading

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The Petition of the Arctic Athabaskan Peoples to the Inter American Commission on Human Rights

PDF version: The Petition of the Arctic Athabaskan Peoples to the Inter American Commission on Human Rights Matter commented on: Petition to the Inter American Commission on Human Rights seeking relief from violations of the rights of Arctic Athabaskan Peoples resulting … Continue reading

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The Territorial Basis of Métis Hunting Rights

PDF version: The Territorial Basis of Métis Hunting Rights Case commented on: R v Hirsekorn, 2013 ABCA 242. There is something special about the Cypress Hills area of southeast Alberta and southwest Saskatchewan. I remember my first visit to this … Continue reading

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The Indian Residential School Settlement: Is Reconciliation Possible?

PDF Version: The Indian Residential School Settlement: Is Reconciliation Possible? Matter considered: The Indian Residential School Settlement Being the Chief Negotiator for the Assembly of First Nations instigating and completing the Indian Residential School Settlement Agreement, cannot be described in words. … Continue reading

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Alberta Energy Regulator: Split Jurisdiction Implications for Crown Consultation?

PDF version: Alberta Energy Regulator: Split Jurisdiction Implications for Crown Consultation? Legislation considered: Responsible Energy Development Act, SA 2012, c 17; Designation of Constitutional Decision Makers Regulation, AR 69/2006 The new single Alberta Energy Regulator under the Responsible Energy Development Act, has been … Continue reading

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

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

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Supreme Court Renders Leave to Appeal Decisions in Several Alberta Cases

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

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