Category Archives: Aboriginal

Preliminary Thoughts on the Implications of the Children, Youth and Families Reference for the Lands Reserved Head of Section 91(24)

Posted on March 5, 2024 by Nigel Bankes

By: Nigel Bankes Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII). PDF Version: Preliminary Thoughts on the Implications of the Children, Youth and Families Reference for the … Continue reading →

Posted in Aboriginal, Constitutional, Indigenous | Comments Off on Preliminary Thoughts on the Implications of the Children, Youth and Families Reference for the Lands Reserved Head of Section 91(24)

What Did the Court Mean When It Said that UNDRIP “has been incorporated into the country’s positive law”? Appellate Guidance or Rhetorical Flourish?

Posted on February 28, 2024 by Nigel Bankes

By: Nigel Bankes and Robert Hamilton Case commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII). PDF Version: What Did the Court Mean When It Said that UNDRIP “has … Continue reading →

Posted in Aboriginal, Indigenous, International Law, Supreme Court of Canada | Comments Off on What Did the Court Mean When It Said that UNDRIP “has been incorporated into the country’s positive law”? Appellate Guidance or Rhetorical Flourish?

Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

Posted on February 20, 2024 by Robert Hamilton

By: Robert Hamilton Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII) (“SCC Reference”). PDF Version: Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting … Continue reading →

Posted in Aboriginal, Family, Indigenous | Comments Off on Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples

Posted on October 25, 2023 by Robert Hamilton

By: Robert Hamilton Case Commented on: Reference re Impact Assessment Act, 2023 SCC 23 (CanLII)  PDF Version: The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples In the Reference re Impact Assessment Act, 2023 … Continue reading →

Posted in Aboriginal, Indigenous, International Law, Supreme Court of Canada | Comments Off on The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples

British Columbia Free Entry Mining System Triggers Duty to Consult and Must Change: Gitxaala v British Columbia (Chief Gold Commissioner)

Posted on October 18, 2023 by David V Wright

By: David V. Wright Case Commented On: Gitxaala v British Columbia (Chief Gold Commissioner), 2023 BCSC 1680 (CanLII) PDF Version: British Columbia Free Entry Mining System Triggers Duty to Consult and Must Change: Gitxaala v British Columbia (Chief Gold Commissioner) … Continue reading →

Posted in Aboriginal, Indigenous, Provincial Court | Comments Off on British Columbia Free Entry Mining System Triggers Duty to Consult and Must Change: Gitxaala v British Columbia (Chief Gold Commissioner)