Category: Indigenous Page 3 of 8

Charter Sections 15 and 25: The Majority Judgment in Dickson v Vuntut Gwitchin First Nation and its Application in the Federal Court

On August 29, 2025

In Aboriginal, Constitutional, Equality, Indigenous

By: Jonnette Watson Hamilton, Robert Hamilton, and Jennifer Koshan

Cases Commented On: Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 (CanLII); Houle v Swan River First Nation, 2025 FC 267 (CanLII); Donald-Potskin v Sawridge First Nation, 2025 FC 648 (CanLII); Cunningham v Sucker Creek First Nation 150A, 2025 FC 1174 (CanLII)

PDF Version: Charter Sections 15 and 25: The Majority Judgment in Dickson v Vuntut Gwitchin First Nation and its Application in the Federal Court

This is the third in a series of four ABlawg posts on the Supreme Court of Canada’s complex decision in Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 (CanLII). The first post examined the extent to which various factions of the Court referenced the UN Declaration on the Rights of Indigenous Peoples, and the second post analyzed their handling of whether the Canadian Charter of Rights and Freedoms applied in this context. In this post, we explore another issue on which there was serious disagreement amongst members of the Court. Having found that the Charter applied to the Vuntut Gwitchin First Nation’s (VGFN) residency requirement for Council elections, the majority (Justices Nicolas Kasirer and Mahmud Jamal, with Chief Justice Richard Wagner and Justice Suzanne Côté concurring) and dissenting justices (Justices Sheilah Martin and Michelle O’Bonsawin) ruled on how to approach the interplay between sections 15(1) and 25 of the Charter. We look at the majority judgment and three recent decisions applying the majority’s approach to section 25, also in cases involving First Nations elections: Houle v Swan River First Nation, 2025 FC 267 (CanLII) (Houle), Donald-Potskin v Sawridge First Nation, 2025 FC 648 (CanLII)) (Donald-Potskin), and Cunningham v Sucker Creek First Nation 150A, 2025 FC 1174 (CanLII). The fourth post in this series will focus on the dissenting judgment of Martin and O’Bonsawin JJ on the interplay between sections 15(1) and 25.

Who’s Afraid of the Proposed First Nations Clean Water Act?

By Nigel Bankes

On July 17, 2025

In Aboriginal, Environmental, Indigenous, Natural Resources, Water Law

By: Nigel Bankes and Martin Olszynski

Matter Commented On: Bill C-61, An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nation lands, First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1-2-3 Charles III, 2021-2022-2023-2024

PDF Version: Who’s Afraid of the Proposed First Nations Clean Water Act?

On June 30, Alberta’s Minister of Environment and Protected Areas and Ontario’s Minister of Environment Conservation and Parks penned a remarkable letter to their federal counterpart, Ms. Julie Dabrusin, Minister of Environment and Climate Change (for Alberta’s Press Release see here). The joint letter asserted that “Canada is poised to be an economic superpower, but achieving that potential depends on strong, constitutionally grounded provincial authority over resource development and environmental management.” With that as the premise, the two Ministers went on to indicate that they had a number of “urgent requests” that they would like to discuss “immediately” with their federal counterpart, namely:

Repealing the Impact Assessment Act and the Physical Activities Regulations.
Repealing the Clean Electricity Regulations.
Repealing the Greenhouse Gas Pollution Pricing Act and associated regulations.
Amending the Species at Risk Act to respect the constitutional jurisdiction of the
Suspending the proposed Oil and Gas Sector Greenhouse Gas Emissions Cap Regulation.
Undertaking to refrain from reintroducing Bill C-61: An Act respecting water, source water, drinking water, wastewater, and related infrastructure on First Nation lands.

A Radical Departure: Remarks on Part II of Bill C-5 (the Building Canada Act)

By Martin Olszynski

On June 19, 2025

In Administrative Law, Energy, Environmental, Indigenous, Law Reform

By: Martin Olszynski

Matter Commented On: Part II of Bill C-5 (the Building Canada Act)

PDF Version: A Radical Departure: Remarks on Part II of Bill C-5 (the Building Canada Act)

On Tuesday, June 17^th, 2025, I had the opportunity to appear before the Senate in the context of its study of Bill C-5, Part II of which contains the Building Canada Act. Professor David Wright and I provided an initial analysis of this part of Bill C-5 shortly after it was tabled. As is my regular practice, this post includes my prepared remarks, which expand on some of that earlier analysis. I have also included hyperlinks where useful. In our initial post, Professor Wright asked whether Bill C-5 will allow Canada to ‘move fast and make things’ or ‘move fast and break things’? While it is still too early to answer that question from a project review perspective (the prospects, however, appear increasingly dim), it is now clear that as drafted Bill C-5 breaks fundamental democratic norms, at the least, and that our democracy and the rule of law will be diminished for it.

Provincial Referendum Legislation, Citizen-Led Secession Proposals, and Non-Derogation Clauses

By Nigel Bankes

On June 11, 2025

In Constitutional, Indigenous, Treaty Rights

By: Nigel Bankes

Bill Commented On: Bill 54, Election Statutes Amendment Act

PDF Version: Provincial Referendum Legislation, Citizen-Led Secession Proposals, and Non-Derogation Clauses

In the dying hours of this last Legislative Session the Minister of Justice, Mickey Amery introduced a series of amendments (Amendment # A6, adopted May 14, 2025 and Hansard at 3494) to Bill 54, the Election Statutes Amendment Act. This is the Bill that will make it easier for parties to call for a citizen-led secession reference. One of the amendments related to proposed changes to the province’s Referendum Act, RSA 2000, c R-8.4. The amendment (the non-derogation clause or amendment) purports to clarify that:

Nothing in a referendum held under this Act is to be construed as abrogating or derogating from the existing aboriginal and treaty rights of the aboriginal peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982.

“Get the province of Alberta in line”: Treaty Promises, Provincial Power, and the Role of Indigenous Nations in Discussions on Alberta Secession

By Robert Hamilton

On May 30, 2025

In Aboriginal, Indigenous

By: Robert Hamilton

Matter Commented On: Alberta Separatism

PDF Version: “Get the province of Alberta in line”: Treaty Promises, Provincial Power, and the Role of Indigenous Nations in Discussions on Alberta Secession

With the Liberals forming a minority government in last month’s election, and a small but vocal contingent of Albertans seemingly enamoured with President Trump’s suggestion that Canada become a state, the possible secession of Alberta is in the news cycle again. In 2019, the possibility of western separation made headlines as Jack Mintz and others made the case for the benefits to Alberta (see here). Premier Danielle Smith has given oxygen to the renewed debate by introducing legislation that would lower the threshold for initiating provincial referenda. While she has denied supporting separation, her moves, including her participation at a pro-separation rally held at the Alberta legislature on May 3 and her statement that she will put the issue to a referendum if it gathers enough support, have energized the movement. This has drawn responses from Indigenous Nations across the province. Recently proposed amendments which would add a non-derogation clause purporting to protect treaty rights (discussed by Nigel Bankes in a forthcoming post) has done little to reduce opposition.