Category Archives: Aboriginal

The ‘Inherent Limit’ Post-Tsilhqot’in: Where Indigenous Law and Land-Use Planning Meet

By: Martin Olszynski PDF Version: The ‘Inherent Limit’ Post-Tsilhqot’in: Where Indigenous Law and Land-Use Planning Meet Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The focus of this post, the fourth in a series of ABlawg posts … Continue reading

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Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada

By: Sharon Mascher PDF Version: Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44  On June 26, 2014, the Supreme Court of … Continue reading

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Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867?

By: Nigel Bankes and Jennifer Koshan PDF Version: Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Delgamuukw decision of the Supreme … Continue reading

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Establishing Aboriginal Title: A Return to Delgamuukw

By: Jonnette Watson Hamilton PDF Version: Establishing Aboriginal Title: A Return to Delgamuukw Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The declaration of Aboriginal title by the Supreme Court of Canada on June 26, 2014 — … Continue reading

Posted in Aboriginal, Property | 2 Comments

Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement

By: Nigel Bankes PDF Version:Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement Case commented on: Nunavut Tunngavik Incorporated v Canada (Attorney General), 2014 … Continue reading

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“The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24)

By: Geoff S. Costeloe PDF Version: “The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24) Cases commented on: Daniels v Canada, 2013 FC 6; Canada v Daniels, 2014 FCA 101. A decision by the Federal Court of … Continue reading

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The First Ministerial Direction to the Alberta Energy Regulator: The Aboriginal Consultation Direction

By: Giorilyn Bruno and Nigel Bankes Direction commented on: Ministerial Order 141/2013, The Aboriginal Consultation Direction PDF version: The First Ministerial Direction to the Alberta Energy Regulator: The Aboriginal Consultation Direction On November 26, 2013, the Minister of Energy issued … Continue reading

Posted in Aboriginal, Responsible Energy Development Act | 2 Comments

Crown Oil Sands Dispositions and the Duty to Consult

By: Nigel Bankes Case commented on: Buffalo River Dene Nation v. Ministry of Energy and Resources and Scott Land and Lease Ltd., 2014 SKQB 69 PDF version: Crown Oil Sands Dispositions and the Duty to Consult In this decision Justice Currie … Continue reading

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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