Aboriginal - ABLawg

*Thanks to Christina Smith and Monique Passelac-Ross for comments on an earlier draft.

Alberta’s new Water Act (R.S.A. 2000, c. W-3) calls for the development of water management plans (Part 2(1) of the Act). Once adopted, a water management plan will guide decision-making within the area of the plan on a range of matters, including the issuance and transfer of water licences. Because of concerns that the waters in parts of the South Saskatchewan River Basin (SSRB) were already over-allocated, the Government put a priority on developing a plan for the SSRB. The first phase of the plan was approved in June 2002 and the second and final phase was approved by Cabinet in August 2006 (http://environment.alberta.ca/documents/SSRB_Plan_Phase2.pdf).

No Costs Awarded for Failure to Prosecute Aboriginal Fishing Rights Case

By Jennifer Koshan

On August 9, 2008

In Aboriginal, Constitutional

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 overzealous prosecution of innocent persons and the compensation required to right those wrongs. But what about the opposite scenario, where the failure to prosecute is alleged to constitute a rights infringement deserving of compensation? This was the argument made by the claimants in a recent Alberta case.

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

By Nigel Bankes

On July 17, 2008

In Aboriginal, Natural Resources, Oil & Gas, Unjust Enrichment

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, rectification) and a confusing judgment, but surely only one possible result. Indeed, we wonder why it ever went to court at all.

Eviction Notice Effectively Stayed for Residents of Black Bear Crossing

By Jennifer Koshan

On April 24, 2008

In Aboriginal, Constitutional, Remedies

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 on 940 acres on the northeast corner of the Tsuu T’ina reserve. The residences have been occupied by Tsuu T’ina Band members, as well as those claiming Band membership, since Canadian Forces personnel moved out when the base was decommissioned in 1996. In 1998, four Tsuu T’ina families who had been unable to find affordable housing moved into the unoccupied residences and within a month, most of the BBC units were occupied.

Leave to Intervene Denied to Métis Nation in Case Involving Disinterment of RCMP

By Jennifer Koshan

On January 12, 2008

In Aboriginal, Administrative Law

Cases Considered: Johnston v. Alberta (Vital Statistics), 2008 ABCA 2, Johnston v. Alberta (Director of Vital Statistics, 2007 ABCA 394, Johnston v. Alberta (Director of Vital Statistics), 2007 ABQB 597

PDF Version: Leave to Intervene Denied to Métis Nation in Case Involving Disinterment of RCMP

The case concerning Constable Lionide (Leo) Johnston’s place of burial has been before the Alberta courts a number of times, and has received a fair degree of media attention. Constable Johnston was one of four RCMP officers killed in the line of duty on March 3, 2005 near Mayerthorpe, Alberta.

Category: Aboriginal Page 30 of 31

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

No Costs Awarded for Failure to Prosecute Aboriginal Fishing Rights Case

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

Eviction Notice Effectively Stayed for Residents of Black Bear Crossing

Leave to Intervene Denied to Métis Nation in Case Involving Disinterment of RCMP