Category Archives: Aboriginal

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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Clyde River and Chippewas of the Thames: Some Clarifications Provided But Some Challenges Remain

By: Nigel Bankes PDF Version: Clyde River and Chippewas of the Thames: Some Clarifications Provided But Some Challenges Remain Cases Commented On: Clyde River (Hamlet) v Petroleum Geo-Services Inc., 2017 SCC 40 (CanLII) and Chippewas of the Thames First Nation v … Continue reading

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The Federal Response to the Report of the Expert Panel on the Modernization of the National Energy Board

By: Nigel Bankes PDF Version: The Federal Response to the Report of the Expert Panel on the Modernization of the National Energy Board Document Commented On: Environmental and Regulatory Reviews, Discussion Paper, Government of Canada, June 2017 Professor Mascher has provided … Continue reading

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The NEB Modernization Report

By: Nigel Bankes PDF Version: The NEB Modernization Report Report commented on:  Forward, Together: Enabling Canada’s Clean, Safe and Secure Energy Future, Report of the Expert Panel on the Modernization of the National Energy Board, May 2017, and Volume II, Annexes. … Continue reading

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