ABLawg

Cases Commented On: JD Irving, Limited et al v Wolastoqey Nation, 2025 NBCA 129 CanLII; Wolastoqey Nations v New Brunswick and Canada, et al., 2024 NBKB 203 CanLII.

PDF Version: The New Brunswick Court of Appeal Weighs in on Aboriginal Title and Private Lands

The New Brunswick Court of Appeal just delivered an important decision on the relationship between Aboriginal title and private property, concluding that declarations of Aboriginal title are not available where lands have been granted to private landowners. The practical and doctrinal implications are significant and could have impacts across the country. The Wolastoqey have indicated they intended to seek leave to appeal to the Supreme Court of Canada.

ABlawg Year in Review 2025

By Admin

On December 31, 2025

In Blogs and Websites

By: Admin

PDF Version: ABlawg Year in Review 2025

As is tradition, ABlawg closes 2025 with a summary of highlights over the past 12 months, including some statistics, examples of ABlawg impact, and a synthesis of topics covered by authors.

The Political Threat to the Rule of Law in Canada

By Gideon Christian

On December 30, 2025

In Rule of Law

By: Gideon Christian PhD

Matter Commented On: Canadian Law Societies’ Ours to Protect Campaign

PDF Version: The Political Threat to the Rule of Law in Canada

Recently, the law societies across Canada came together to launch? Ours to Protect, a national campaign to raise awareness about the importance of the rule of law. In Canada, when we talk about threats to the rule of law, we tend to glance nervously at chaos in other countries, especially the United States. The United States has provided a dramatic study in how quickly respect for legal norms can erode. The Trump White House openly vilified judges who ruled against it – accusing them of abusing their powers and even suggesting they be impeached or prosecuted. Some years back, the same president incited an attack on Congress itself. It was a stark reminder that even free societies can teeter when their leaders flout the rule of law.

A Final Lump of Coal for 2025

By Nigel Bankes

On December 23, 2025

In Energy, Natural Resources

By: Nigel Bankes and Drew Yewchuk

Matters Commented On: Notice of Termination of the federal environmental assessment for the Grassy Mountain Coal Project, December 19, 2025 and Bill 14, Justice Statutes Amendment Act, and Corb Lund’s no coal citizen initiative petition.

PDF Version: A Final Lump of Coal for 2025

This is our final coal update post of the year. We don’t have a court decision to post about, but there have been two noteworthy developments on coal. First, the Notice of Termination of the federal environmental assessment for the Grassy Mountain Coal Project, and second, Corb Lund’s no coal citizen initiative petition.

Gitxaala and the Conundrum of UNDRIP Implementing Legislation: The Sky Has Not Fallen In

By Nigel Bankes

On December 22, 2025

In Indigenous, International Law

By: Nigel Bankes

Case Commented On: Gitxaala v British Columbia (Chief Gold Commissioner), 2025 BCCA 430 (CanLII)

PDF Version: Gitxaala and the Conundrum of UNDRIP Implementing Legislation: The Sky Has Not Fallen In

This case, which commenced as a judicial review application, involved a challenge to the implementation and/or constitutional validity of British Columbia’s hard rock mineral regime under the terms of the Mineral Tenure Act, RSBC 1996, c 292 (MTA). The petitioners also claimed that the MTA regime was not consistent with the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP or UN Declaration) as required by section 3 of British Columbia’s “implementing” legislation, the Declaration on the Rights of Indigenous Peoples Act, SBC 2019, c 44 (DRIPA). This post focuses on that aspect of the case which was the only live matter by the time the case got to the Court of Appeal. A majority of that Court found in favour of the petitioners while the dissent concluded that the matter was not justiciable.