Category Archives: Aboriginal

Ktunaxa Nation: On the “Spiritual Focal Point of Worship” Test

By: Howard Kislowicz and Senwung Luk PDF Version: Ktunaxa Nation: On the “Spiritual Focal Point of Worship” Test Case Commented On: Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (CanLII) On 2 November 2017, the … Continue reading

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Silencing the Qat’muk Grizzly Bear Spirit

By: David Laidlaw PDF Version: Silencing the Qat’muk Grizzly Bear Spirit Case Commented On: Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (CanLII) In the course of reading the recent decision of the Supreme Court … Continue reading

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Landlords, Tenants, and Domestic Violence: The Family Homes on Reserves and Matrimonial Interests or Rights Act

By: Elysa Darling PDF Version: Landlords, Tenants, and Domestic Violence: The Family Homes on Reserves and Matrimonial Interests or Rights Act Legislation Commented On: Family Homes on Reserves and Matrimonial Interests or Rights Act, SC 2013, c 20 This blog post … Continue reading

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Reconciling the Application of the Interjurisdictional Immunity Doctrine to Aboriginal Title and Lands Reserved

By: Jennifer Koshan PDF Version: Reconciling the Application of the Interjurisdictional Immunity Doctrine to Aboriginal Title and Lands Reserved Case Commented On: McCaleb v Rose, 2017 BCCA 318 (CanLII) It is a challenge to teach the interjurisdictional immunity (IJI) doctrine these … Continue reading

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The Intersection of Discretionary Powers, Fiduciary Duties, the Public Interest and the Standard of Review

By: Nigel Bankes PDF Version: The Intersection of Discretionary Powers, Fiduciary Duties, the Public Interest and the Standard of Review Case Commented On: Coldwater Indian Band v Canada (Aboriginal Affairs and Northern Development), 2017 FCA 199 (CanLII) In this decision, the … Continue reading

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