Category Archives: Aboriginal

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

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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

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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

Posted in Aboriginal, Oil & Gas | 1 Comment

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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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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