Search Results for: Tsilhqot’in

What Should Require Federal Impact Assessment? Proposed Triggers for a Credible Federal Impact Assessment Regime

By: Sharon Mascher PDF Version: What Should Require Federal Impact Assessment? Proposed Triggers for a Credible Federal Impact Assessment Regime Document Commented On: Environmental and Regulatory Reviews Discussion Paper, Government of Canada, June 2017 On June 29, 2017, the Government of Canada released a Discussion Paper outlining a series of “system-wide changes” under consideration “to strengthen Canada’s environmental assessment […]

The NEB Modernization Report

By: Nigel Bankes PDF Version: The NEB Modernization Report Report commented on:  Forward, Together: Enabling Canada’s Clean, Safe and Secure Energy Future, Report of the Expert Panel on the Modernization of the National Energy Board, May 2017, and Volume II, Annexes. This post provides a summary of and preliminary comments on the Report of the Expert […]

Reasons, Respect and Reconciliation

By: Nigel Bankes PDF Version: Reasons, Respect and Reconciliation Case Commented On: Kainaiwa/Blood Tribe v Alberta (Energy), 2017 ABQB 107 (CanLII) Reconciliation between Canada’s settler society and First Nations and other indigenous communities certainly requires mutual respect but it should also require reasons in appropriate cases according to Justice Paul Jeffrey, at least where the Crown […]

The Duty to Consult and the Legislative Process: But What About Reconciliation?

By: Nigel Bankes PDF Version: The Duty to Consult and the Legislative Process: But What About Reconciliation? Case Commented On: Canada v Courtoreille, 2016 FCA 311 (Can LII) In Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council (2010 SCC 43 (CanLII) at para 44), the Supreme Court declined to answer the question of whether legislative […]

Note to Canada on the Northern Gateway Project: This is NOT What Deep Consultation With Aboriginal People Looks Like

By: Sharon Mascher PDF Version: Note to Canada on the Northern Gateway Project: This is NOT What Deep Consultation With Aboriginal People Looks Like Case Commented On: Gitxaala Nation v. Canada, 2016 FCA 187 (CanLII) On June 20, 2016, the majority of the Federal Court of Appeal (FCA) quashed Order in Council P.C. 2014-809 requiring the National […]