Category Archives: Aboriginal

The Legal Status of UNDRIP in British Columbia: Gitxaala v British Columbia (Chief Gold Commissioner)

By: Nigel Bankes Case Commented on: Gitxaala v British Columbia (Chief Gold Commissioner), 2023 BCSC 1680 (CanLII) PDF Version: The Legal Status of UNDRIP in British Columbia: Gitxaala v British Columbia (Chief Gold Commissioner) This is the first of what … Continue reading

Posted in Aboriginal, Indigenous, International Law | Comments Off on The Legal Status of UNDRIP in British Columbia: Gitxaala v British Columbia (Chief Gold Commissioner)

Counting Straws: Yahey v British Columbia and the Future of Cumulative Effects Management in Canada

By: Martin Olszynski Case Commented On: Yahey v British Columbia, 2021 BCSC 1287 (CanLII) PDF Version: Counting Straws: Yahey v British Columbia and the Future of Cumulative Effects Management in Canada Much has already been written about the British Columbia … Continue reading

Posted in Aboriginal, Environmental, Indigenous, Land Use | Comments Off on Counting Straws: Yahey v British Columbia and the Future of Cumulative Effects Management in Canada

Canada’s Collaborative Modern Treaty Implementation Policy: A New Roadmap in a Long Journey

By: David V. Wright Matter Commented On: Canada’s Collaborative Modern Treaty Implementation Policy PDF Version: Canada’s Collaborative Modern Treaty Implementation Policy: A New Roadmap in a Long Journey After years of requests and proposals from Indigenous Modern Treaty parties, the … Continue reading

Posted in Aboriginal, Indigenous | Comments Off on Canada’s Collaborative Modern Treaty Implementation Policy: A New Roadmap in a Long Journey

Duty to Consult, Honour of the Crown, Project Assessment, and Land-Use Planning in a Modern Treaty Context: More Clarity from the Supreme Court of the Yukon

By: David Wright Matter Commented On: First Nation of Na-Cho Nyäk Dun v Yukon (Government of), 2023 YKSC 5 (CanLII) (Metallic Minerals) PDF Version: Duty to Consult, Honour of the Crown, Project Assessment, and Land-Use Planning in a Modern Treaty … Continue reading

Posted in Aboriginal, Energy, Indigenous, Natural Resources | Comments Off on Duty to Consult, Honour of the Crown, Project Assessment, and Land-Use Planning in a Modern Treaty Context: More Clarity from the Supreme Court of the Yukon

First Arbitration Award under the Nunavut Agreement

By: Nigel Bankes Matter commented on: Arbitration Award in The Inuit of Nunavut as represented by Nunavut Tunngavik Incorporated v His Majesty the King in Right of Canada as represented by the Minister of Crown-Indigenous Relations and The Commissioner of … Continue reading

Posted in Aboriginal, Arbitration, Indigenous | Comments Off on First Arbitration Award under the Nunavut Agreement