Category Archives: Aboriginal

The Rule of Law in Canada 150 Years After Confederation: Re-Imagining the Rule of Law and Recognizing Indigenous Peoples as Founders of Canada

By: Kathleen Mahoney PDF Version: The Rule of Law in Canada 150 Years After Confederation: Re-Imagining the Rule of Law and Recognizing Indigenous Peoples as Founders of Canada The 150th anniversary of Confederation is upon us. The starting point for nation-wide … Continue reading

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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 | 1 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

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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