Category Archives: Indigenous

Modern Treaties, Shared Territories and Party Status in Aboriginal Title Litigation

Posted on September 23, 2024 by Nigel Bankes

By: Nigel Bankes Case commented on: Malii v British Columbia, 2024 BCSC 85 (CanLII), aff’d Nisg?a’a Nation v Malii, 2024 BCCA 313 (CanLII) PDF Version: Modern Treaties, Shared Territories and Party Status in Aboriginal Title Litigation Overlapping claims and shared … Continue reading →

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Restoule: Tugging on the Rope and the Duty of Diligent Implementation of Treaty Promises  

Posted on August 8, 2024 by Nigel Bankes

By: Nigel Bankes Case Commented On: Ontario (Attorney General) v Restoule, 2024 SCC 27 (CanLII) PDF Version: Restoule: Tugging on the Rope and the Duty of Diligent Implementation of Treaty Promises [T]he trial judge found that the Robinson Treaties were … Continue reading →

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A Misstep on the Road to Reconciliation

Posted on July 19, 2024 by David Leitch

By: David Leitch Matter commented on: R c Montour, 2023 QCCS 4154 (CanLII) PDF Version: A Misstep on the Road to Reconciliation Critics of the Supreme Court of Canada’s definition of aboriginal rights in R v Van der Peet, 1996 … Continue reading →

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Can the Federal Government Compel Provincial Authorities to Respect an Indigenous Right of Self-Government?

Posted on June 3, 2024 by Robert Hamilton

By: Robert Hamilton Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII) PDF Version: Can the Federal Government Compel Provincial Authorities to Respect an Indigenous Right of Self-Government? … Continue reading →

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The Dickson Decision, UNDRIP, and the Federal UNDRIP Act

Posted on April 18, 2024 by Nigel Bankes

By: Nigel Bankes and Jennifer Koshan Decision Commented On: Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 (CanLII) PDF Version: The Dickson Decision, UNDRIP, and the Federal UNDRIP Act This post is part of continuing ABlawg commentary on the … Continue reading →

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