Category Archives: Aboriginal

Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada

Posted on July 8, 2014 by Sharon Mascher

By: Sharon Mascher PDF Version: Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44  On June 26, 2014, the Supreme Court of … Continue reading →

Posted in Aboriginal, Constitutional | Comments Off on Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada

Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867?

Posted on July 7, 2014 by Nigel Bankes

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

Establishing Aboriginal Title: A Return to Delgamuukw

Posted on July 2, 2014 by Jonnette Watson Hamilton

By: Jonnette Watson Hamilton PDF Version: Establishing Aboriginal Title: A Return to Delgamuukw Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The declaration of Aboriginal title by the Supreme Court of Canada on June 26, 2014 — … Continue reading →

Posted in Aboriginal, Property | 2 Comments

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

Posted on June 5, 2014 by Nigel Bankes

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

“The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24)

Posted on May 6, 2014 by Geoff S. Costeloe

By: Geoff S. Costeloe PDF Version: “The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24) Cases commented on: Daniels v Canada, 2013 FC 6; Canada v Daniels, 2014 FCA 101. A decision by the Federal Court of … Continue reading →

Posted in Aboriginal, Constitutional | Comments Off on “The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24)