Category Archives: Aboriginal

The Alberta Utilities Commission Rules on Its Jurisdiction to Assess Crown Aboriginal Consultation

By: Kirk N. Lambrecht Q.C. PDF Version: The Alberta Utilities Commission Rules on Its Jurisdiction to Assess Crown Aboriginal Consultation Decisions Commented On: AUC Ruling on jurisdiction to determine Questions stated in Notices of Questions of Constitutional Law, October 7, 2016, … Continue reading

Posted in Aboriginal, Energy | Leave a comment

Reasons, Respect and Reconciliation

By: Nigel Bankes PDF Version: Reasons, Respect and Reconciliation Case Commented On: Kainaiwa/Blood Tribe v Alberta (Energy), 2017 ABQB 107 (CanLII) Reconciliation between Canada’s settler society and First Nations and other indigenous communities certainly requires mutual respect but it should also … Continue reading

Posted in Aboriginal, Administrative Law, Property | Leave a comment

The Sixties Scoop & the Duty to Consult: A New Frontier in Aboriginal Litigation?

Case Commented On: Brown v Canada (Attorney General), 2017 ONSC 251 (CanLII) PDF Version: The Sixties Scoop & the Duty to Consult: A New Frontier in Aboriginal Litigation? By: Elysa Hogg and Alex Darling *Note on terminology: “Indian” is used to … Continue reading

Posted in Aboriginal, Torts | 1 Comment

The Duty to Consult and the Legislative Process: But What About Reconciliation?

By: Nigel Bankes PDF Version: The Duty to Consult and the Legislative Process: But What About Reconciliation? Case Commented On: Canada v Courtoreille, 2016 FCA 311 (Can LII) In Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council (2010 SCC 43 … Continue reading

Posted in Aboriginal, Constitutional | 1 Comment

Bill S-3: A rushed response to Descheneaux

By: Elysa Hogg PDF Version: Bill S-3: A rushed response to Descheneaux Matters Commented On: Bill S-3 “An Act to amend the Indian Act (elimination of sex-based inequities in registration); Descheneaux c Canada (Procureur General), 2015 QCCS 3555 (CanLII) *Note on … Continue reading

Posted in Aboriginal, Constitutional, Human Rights | 3 Comments