Author Archives: Nigel Bankes

About Nigel Bankes

Nigel Bankes is emeritus professor of law at the University of Calgary. Prior to his retirement in June 2021 Nigel held the chair in natural resources law in the Faculty of Law.

What Does Radical Title Add to the Concept of Sovereignty?

By: Nigel Bankes and Jonnette Watson Hamilton PDF Version: What Does Radical Title Add to the Concept of Sovereignty? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Crown’s radical title plays a larger role in the … Continue reading

Posted in Aboriginal, Constitutional, Property | 1 Comment

Leave to Intervene Denied in an Appeal of an Important Freehold Oil and Gas Lease Case

By: Nigel Bankes PDF Version: Leave to Intervene Denied in an Appeal of an Important Freehold Oil and Gas Lease Case Case commented on: Stewart Estate (Re), 2014 ABCA 222 The Freehold Petroleum and Natural Gas Owners Association (FHOA) applied … Continue reading

Posted in Intervenors and Standing, Oil & Gas | 1 Comment

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

Posted in Aboriginal, Constitutional | 1 Comment

Sealing: It’s a Moral Not a Technical Issue and Animals Outweigh Indigenous Communities

By: Elizabeth Whitsitt and Nigel Bankes PDF Version: Sealing: It’s a Moral Not a Technical Issue and Animals Outweigh Indigenous Communities Decision commented on: World Trade Organization, Appellate Body Report – European Communities – Measures Prohibiting the Importation and Marketing … Continue reading

Posted in International Law | Comments Off on Sealing: It’s a Moral Not a Technical Issue and Animals Outweigh Indigenous Communities

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

Posted in Aboriginal, Remedies | Comments Off on 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