Category Archives: Aboriginal

Recent Developments in the Black Bear Crossing Dispute

Posted on November 17, 2008 by Jennifer Koshan

Cases considered: Tsuu T’ina Nation v. Bearchief, 2008 CanLII 55966 (S.C.C.)   PDF Version:  Recent Developments in the Black Bear Crossing Dispute As noted in my previous post on Tsuu T’ina Nation v. Bearchief, the Tsuu T’ina Nation was effectively … Continue reading →

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

Water management planning and the Crown’s duty to consult and accommodate

Posted on October 8, 2008 by Nigel Bankes

Cases Considered: Tsuu T’ina First Nation v. Alberta, 2008 ABQB 547 PDF Version: Water management planning and the Crown’s duty to consult and accommodate *Thanks to Christina Smith and Monique Passelac-Ross for comments on an earlier draft. Alberta’s new Water … Continue reading →

Posted in Aboriginal, Administrative Law, Constitutional, Water Law | Comments Off on Water management planning and the Crown’s duty to consult and accommodate

No Costs Awarded for Failure to Prosecute Aboriginal Fishing Rights Case

Posted on August 9, 2008 by Jennifer Koshan

Cases Considered: R. v. Nest, 2008 ABQB 323 PDF Version:  No Costs Awarded for Failure to Prosecute Aboriginal Fishing Rights Case Donald Marshall, David Milgard, and Guy Paul Morin are the troika of wrongful conviction cases in Canada, bringing to mind … Continue reading →

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What Happens when Parties Operate an Oil Battery Without a Formal Agreement?

Posted on July 17, 2008 by Nigel Bankes

Cases Considered: Husky Oil Operations Limited v. Gulf Canada Resources Limited 2008 ABQB 390 PDF Version: What happens when parties operate an oil battery without a formal agreement? Husky Oil has complicated facts, some complex law (unjust enrichment, fiduciary obligation, … Continue reading →

Posted in Aboriginal, Natural Resources, Oil & Gas, Unjust Enrichment | Comments Off on What Happens when Parties Operate an Oil Battery Without a Formal Agreement?

Eviction Notice Effectively Stayed for Residents of Black Bear Crossing

Posted on April 24, 2008 by Jennifer Koshan

Cases Considered: Tsuu T’ina Nation v. Bearchief, 2008 ABCA 74 PDF Version: Eviction Notice Effectively Stayed for Residents of Black Bear Crossing Black Bear Crossing (“BBC”) consists of 161 units on the former barracks of the Canadian Armed Forces, situated … Continue reading →

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