Category Archives: Aboriginal

Duty to consult application is premature – what’s the big deal?

Posted on December 4, 2012 by Nigel Bankes

PDF version: Duty to consult application is premature – what’s the big deal? Case and decision commented on: Metis Nation of Alberta Region 1 v Joint Review Panel, 2012 ABCA 352 and decision of the Joint Review Panel  In this decision … Continue reading →

Posted in Aboriginal, Administrative Law, Energy | 3 Comments

Who decides if the Crown has met its duty to consult and accommodate?

Posted on September 6, 2012 by Nigel Bankes

PDF version: Who decides if the Crown has met its duty to consult and accommodate? Decision commented on: Reasons for July 17, 2012 Decision on Notice of Question of Constitutional Law, Osum Oil Sands Corp., Taiga Project, August 24, 2012. … Continue reading →

Posted in Aboriginal, Administrative Law, Constitutional, Natural Resources | 1 Comment

The implications of the Tsilhqot’in Case for the Numbered Treaties

Posted on July 11, 2012 by Nigel Bankes

PDF version: The implications of the Tsilhqot’in Case for the Numbered Treaties Cases Considered: Williams v British Columbia, 2012 BCCA 285, and Lameman v Alberta, 2012 ABQB 195 The unanimous decision of the British Columbia in Williams, (a.k.a. the Tsilhqot’in … Continue reading →

Posted in Aboriginal, International Law | 1 Comment

Disgorgement Damages Awarded against Canada for Breach of a Modern Land Claim Agreement

Posted on July 5, 2012 by Nigel Bankes

PDF version: Disgorgement Damages Awarded against Canada for Breach of a Modern Land Claim Agreement Case commented on: NTI v Canada (Attorney General), 2012 NUCJ 11 In this important case Justice Earl Johnson in the Nunavut Court of Justice has … Continue reading →

Posted in Aboriginal, Property | 4 Comments

Da’naxda’xw/Awaetlala

Posted on August 29, 2011 by David Laidlaw

PDF version: Da’naxda’xw/Awaetlala  Case considered: Da’naxda’xw/Awaetlala First Nation v British Columbia (Environment), 2011 BCSC 620 (“Da’naxda’xw/Awaetlala“) In the Da’naxda’xw/Awaetlala case, Madam Justice Fisher was faced with a different type of duty to consult and accommodate issue. While this is a … Continue reading →

Posted in Aboriginal | 1 Comment