Category: Aboriginal Page 1 of 32

Experimental Deregulation: Next Steps for the Pacific Link Pipeline as the First Official Building Canada Act Project of National Interest

On October 5, 2026

In Aboriginal, Energy, Environmental, Indigenous, Natural Resources, Oil & Gas

Matters Commented On: Order in Council PC 2026-0925 (2026) and Explanatory Note for Pacific Link Pipeline Project; Building Canada Act, SC 2025, c 2, s 4

PDF Version: Experimental Deregulation: Next Steps for the Pacific Link Pipeline as the First Official Building Canada Act Project of National Interest

On October 1^st, more than one year after the new Building Canada Act (BCA) SC 2025, c 2, s 4 came into force, the first Project of National Interest (PONI) was added to Schedule 1. That means the proposed West Coast Oil Pipeline, now being called “Pacific Link”, will proceed through the fast-tracking review and approvals process established under the BCA. This post draws on a previous post and works through a series of questions to explain the legal process ahead for Pacific Link Pipeline (PLP). It concludes with short commentary on the rationale provided by the government, the broader context, and hurdles ahead.

When is a Citizen Initiative Petition a Dead Parrot?

By Nigel Bankes

On May 21, 2026

In Aboriginal, Constitutional, Treaty Rights

By: Nigel Bankes

Decisions Commented On: Athabasca Chipewyan First Nation v Alberta (Chief Electoral Officer), 2026 ABKB 375 (CanLII) and Athabasca Chipewyan First Nation v Alberta (Chief Electoral Officer), 2026 ABKB 278 (CanLII).

PDF Version: When is a Citizen Initiative Petition a Dead Parrot?

In the main decision that is the subject of this post, Athabasca Chipewyan First Nation v Alberta (Chief Electoral Officer), 2026 ABKB 375 (CanLII) (ACFN) Justice Shaina Leonard of the Court of King’s Bench quashed the decision of Alberta’s Chief Electoral Officer (CEO) to issue an initiative petition to Mr. Mitch Sylvestre (the Proponent) under the Citizen Initiative Act, SA 2021, c C-13.2 (the CIA) on January 2, 2026. Sylvestre’s petition was a constitutional referendum proposal within the meaning of the CIA. The petition aimed to gather affirmative signatures for the following question: “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?”

“Declarations of Aboriginal Title Are Not Discretionary”

By Kent McNeil

On February 11, 2026

In Aboriginal, Constitutional, Indigenous, Property, Reconciliation

By: Kent McNeil

Case Commented On: JD Irving, Limited et al v Wolastoqey Nations, 2025 NBCA 129 (CanLII); Wolastoqey Nations v New Brunswick and Canada, et al., 2024 NBKB 203 (CanLII)

PDF Version: “Declarations of Aboriginal Title Are Not Discretionary”

Robert Hamilton has already posted an ABlawg article on the recent New Brunswick Court of Appeal decision in the Wolastoqey Nations case. In it, he does an excellent job of summarizing the issues on the motion to strike the industrial defendants from the proceedings and of critically analyzing the Court of Appeal’s decision. I will therefore focus my commentary on what I regard as another troubling aspect of the decision, namely that a judicial declaration does not necessarily follow from a factual finding of Aboriginal title.

This action was brought by the Wolastoqey Nations against Canada, New Brunswick, and a number of industrial, fee simple landowners who brought the motion to strike to avoid participation in the litigation. On such a motion, the facts alleged in the statement of claim are assumed to be established. The question was thus limited to whether these landowners were proper parties.

The New Brunswick Court of Appeal Weighs in on Aboriginal Title and Private Lands

By Robert Hamilton

On January 14, 2026

In Aboriginal, Indigenous, Property

By: Robert Hamilton

Cases Commented On: JD Irving, Limited et al v Wolastoqey Nation, 2025 NBCA 129 CanLII; Wolastoqey Nations v New Brunswick and Canada, et al., 2024 NBKB 203 CanLII.

PDF Version: The New Brunswick Court of Appeal Weighs in on Aboriginal Title and Private Lands

The New Brunswick Court of Appeal just delivered an important decision on the relationship between Aboriginal title and private property, concluding that declarations of Aboriginal title are not available where lands have been granted to private landowners. The practical and doctrinal implications are significant and could have impacts across the country. The Wolastoqey have indicated they intended to seek leave to appeal to the Supreme Court of Canada.

Treaty-Making in Australia and Considerations for Canada

By Robert Hamilton

On October 22, 2025

In Indigenous, Reconciliation, Treaty Rights

By: Robert Hamilton and Harry Hobbs

Matter Commented On: Victoria’s Statewide Treaty and Statewide Treaty Bill 2025

PDF Version: Treaty-Making in Australia and Considerations for Canada

Indigenous peoples in Australia have long sought to establish treaty relationships with the state. While important advocacy efforts such as the 1988 Barunga Statement and the final report of the Council for Aboriginal Reconciliation in 2000 failed to lead to negotiations at the national level, a statewide treaty was recently signed in the state of Victoria. The first formal Indigenous treaty ever negotiated in Australian history, the Victorian Statewide Treaty is a novel model of treaty that is worth considering closely in Canada, particularly as Indigenous peoples and federal, provincial, and territorial governments continue to look for productive ways to implement historic and modern treaty promises and craft novel forms of agreement. Creative thinking is required to take steps to meet the Crown’s constitutional obligations to diligently implement treaty promises, proactively assess and manage cumulative impacts on Aboriginal and treaty rights, meaningfully implement modern treaty and self-government agreements, and satisfy its obligations under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Recent discussions about the relationship between treaty rights and a secession referendum in Alberta (which one of us discussed here) also illustrate the importance of thinking creatively about the relationship between Indigenous self-determination, treaty rights, and other democratic state process and institutions. This blog summarizes Victoria’s Statewide Treaty and the proposed bill that will implement it.