Category Archives: Aboriginal

The Supreme Court’s Latest Equality Rights Decision: An Emphasis on Arbitrariness

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The Supreme Court’s Latest Equality Rights Decision: An Emphasis on Arbitrariness Case Commented On: Kahkewistahaw First Nation v Taypotat, 2015 SCC 30 (CanLII) The Supreme Court released its decision in Kahkewistahaw … Continue reading

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Crown Oil Sands Dispositions and the Duty to Consult

By: Nigel Bankes PDF Version: Crown Oil Sands Dispositions and the Duty to Consult Case Commented On: Buffalo River Dene Nation v Ministry of Energy and Resources and Scott Land and Lease Ltd, 2015 SKCA 31 The Saskatchewan Court of … Continue reading

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An Update on the Northern Gateway Litigation

By: Nigel Bankes PDF Version: An Update on the Northern Gateway Litigation Cases Commented On: Forest Ethics Advocacy Association v Northern Gateway Pipelines Inc, 2015 FCA 26; Gitxaala Nation v Northern Gateway Pipelines Inc, 2015 FCA 27; Gitxaala Nation v … Continue reading

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Entitlements Protected by a Property Rule vs Entitlements Protected by a Liability Rule; or FPIC vs Regulated Access

By: Nigel Bankes PDF Version: Entitlements Protected by a Property Rule vs Entitlements Protected by a Liability Rule; or FPIC vs Regulated Access Case Commented On: Sproule v Altalink Management Ltd, 2015 ABQB 153 AltaLink is building a transmission line … Continue reading

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First Nations Community Election Codes and the Charter

By: Jennifer Koshan PDF Version: First Nations Community Election Codes and the Charter Case Commented On:  Orr v Peerless Trout First Nation, 2015 ABQB 5 In December Jonnette Watson Hamilton and I wrote a post commenting on Taypotat v Taypotat, … Continue reading

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