Category Archives: Indigenous

Preliminary Thoughts on the Implications of the Children, Youth and Families Reference for the Lands Reserved Head of Section 91(24)

By: Nigel Bankes Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII). PDF Version: Preliminary Thoughts on the Implications of the Children, Youth and Families Reference for the … Continue reading

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What Did the Court Mean When It Said that UNDRIP “has been incorporated into the country’s positive law”? Appellate Guidance or Rhetorical Flourish?

By: Nigel Bankes and 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: What Did the Court Mean When It Said that UNDRIP “has … Continue reading

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Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

By: Robert Hamilton Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII) (“SCC Reference”). PDF Version: Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting … Continue reading

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The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples

By: Robert Hamilton Case Commented on: Reference re Impact Assessment Act, 2023 SCC 23 (CanLII)  PDF Version: The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples In the Reference re Impact Assessment Act, 2023 … Continue reading

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British Columbia Free Entry Mining System Triggers Duty to Consult and Must Change: Gitxaala v British Columbia (Chief Gold Commissioner)

By: David V. Wright Case Commented On: Gitxaala v British Columbia (Chief Gold Commissioner), 2023 BCSC 1680 (CanLII) PDF Version: British Columbia Free Entry Mining System Triggers Duty to Consult and Must Change: Gitxaala v British Columbia (Chief Gold Commissioner) … Continue reading

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