Category Archives: Aboriginal

Evidence of Amelioration: What Does Kapp Require of Governments Under s.15(2) of the Charter? What Will Courts Permit?

Posted on March 8, 2009 by Jennifer Koshan

By: Jennifer Koshan PDF Version: Evidence of Amelioration: What Does Kapp Require of Governments Under s.15(2) of the Charter? What Will Courts Permit? Case Commented On: Cunningham v Alberta (Aboriginal Affairs and Northern Development), 2009 ABCA 53 Jonnette Watson Hamilton … Continue reading →

Posted in Aboriginal, Constitutional, Supreme Court of Canada | 1 Comment

Don’t you forget about me: Remembering the rest of administrative law after Dunsmuir

Posted on February 23, 2009 by Alice Woolley

Cases Considered: Bear Hills Charitable Foundation v. Alberta Gaming and Liquor Commission 2008 ABQB 766; East Prairie Métis Settlement v. Alberta (Métis Settlements Ombudsman) 2009 ABQB 31. PDF Version: Don’t you forget about me: Remembering the rest of administrative law … Continue reading →

Posted in Aboriginal, Administrative Law | 2 Comments

The End of Law: A New Framework for Analyzing Section 15(1) Charter Challenges

Posted on February 20, 2009 by Jonnette Watson Hamilton

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The End of Law: A New Framework for Analyzing Section 15(1) Charter Challenges Case Commented On: Ermineskin Indian Band and Nation v Canada, 2009 SCC 9 After the Supreme Court of … Continue reading →

Posted in Aboriginal, Constitutional, Oil & Gas, Supreme Court of Canada | 4 Comments

The Crown has neither the power nor the duty to invest Indian monies: The use of legislation to limit trust duties

Posted on February 20, 2009 by Nigel Bankes

Cases Considered: Ermineskin Indian Band and Nation v. Canada, 2009 SCC 9. PDF Version: The Crown has neither the power nor the duty to invest Indian monies: The use of legislation to limit trust duties The “money management” part of … Continue reading →

Posted in Aboriginal, Constitutional, Oil & Gas, Supreme Court of Canada | 2 Comments

“Litigation by installments”: Further Developments in the Black Bear Crossing Dispute

Posted on January 26, 2009 by Jennifer Koshan

Cases Considered: Tsuu T’ina Nation v. Frasier, 2009 ABCA 23. PDF Version: “Litigation by installments”: Further Developments in the Black Bear Crossing Dispute As noted in a previous post, a February 2008 decision of the Alberta Court of Appeal effectively … Continue reading →

Posted in Aboriginal, Constitutional, Remedies | Comments Off on “Litigation by installments”: Further Developments in the Black Bear Crossing Dispute