Category Archives: Aboriginal

Alberta Court of Appeal Rules on Role of Honour of the Crown and Reconciliation in AUC Rate Applications

By: Kristen van de Biezenbos PDF Version: Alberta Court of Appeal Rules on Role of Honour of the Crown and Reconciliation in AUC Rate Applications Case Commented On: AltaLink Management Ltd v Alberta (Utilities Commission), 2021 ABCA 342 (CanLII) The overarching … Continue reading

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Yahey v British Columbia and the Clarification of the Standard for a Treaty Infringement

By: Robert Hamilton & Nick Ettinger  PDF Version: Yahey v British Columbia and the Clarification of the Standard for a Treaty Infringement Case Commented On: Yahey v British Columbia, 2021 BCSC 1287 (CanLII) On June 29, 2021, the Supreme Court of British … Continue reading

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Blueberry River First Nation and the Piecemeal Infringement of Treaty 8

By: Robert Hamilton & Nick Ettinger PDF Version: Blueberry River First Nation and the Piecemeal Infringement of Treaty 8 Case Commented On: Yahey v British Columbia, 2021 BCSC 1287 (CanLII) In a highly anticipated decision, the Supreme Court of British … Continue reading

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Indigenous Law, the Common Law, and Pipelines

By: Kent McNeil PDF Version:  Indigenous Law, the Common Law, and Pipelines  Matter Commented On: Coastal GasLink Pipeline Ltd. v Huson, 2019 BCSC 2264 (CanLII) The extent to which Indigenous law is part of Canadian law along with the common … Continue reading

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The Standard of Review and the Duty to Consult and Accommodate Indigenous Peoples: What is the Impact of Vavilov? Part 2

By: Howard Kislowicz and Robert Hamilton  PDF Version: The Standard of Review and the Duty to Consult and Accommodate Indigenous Peoples: What is the Impact of Vavilov? Part 2 Case Commented On: Canada (Minister of Citizenship and Immigration) v Vavilov, … Continue reading

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