- Posts by Brad Armstrong, KC
Senior CounselBrad has extensive experience in civil litigation, Indigenous law, administrative and constitutional law, and environmental law. He represents clients involved with land use issues, project development, regulatory ...
On December 18, 2008, MiningWatch Canada(“MiningWatch”) was granted leave to appeal the decision of the Federal Court of Appeal in MiningWatch Canada, et al. v. Minister of Fisheries and Oceans, et. al to the Supreme Court of Canada. The decision relates to the environmental assessment that has been carried out to date on the Red Chris Project, a proposed copper and gold ...
On November 21, 2007, the Supreme Court of British Columbia released its decision in Tsilhqot’in Nation v. British Columbia, 2007 BCSC 1700. The decision dealt with a claim brought by Chief Roger William of the Xeni Gwet’in First Nation, on behalf of the Xeni Gwet’in First Nation and the Tsilhqot’in Nation. Initially, theTsilhqot’in’s claim, against the ...
On September 25, 2007, a Federal Court Trial Judge in MiningWatch Canada v. Canada (Fisheries and Oceans), 2007 FC 955 allowed an application by MiningWatch Canada challenging the legality of decisions/actions taken by the Department of Fisheries and Oceans (“DFO”) and Natural Resources Canada in conducting the environmental assessment of a proposed copper and ...
Canadian case law continues to refine the principles of the duty to consult and accommodate Aboriginal peoples, and the May 2007 decision of the Yukon Supreme Court in Little Salmon/Carmacks First Nation v. The Government of Yukon (Minister of Energy, Mines and Resources), 2007 YKSC 28 considers the extent of its application on recently settled treaty lands in theYukon ...
Recent Canadian court decisions have established there is a duty held by the federal and provincial governments to consult with First Nations. The Supreme Court of British Columbia’s decision in Red Chris Development v. Quock et al 2006 BCSC 1472 provides direction for project proponents regarding the identification of the appropriate aboriginal groups with which to ...
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Lawson Lundell's Environmental, Indigenous and Natural Resources Blog focuses on environmental, indigenous and natural resources law, as well as related litigation. Included are summaries of significant cases from Canadian appellate courts, changes in the legal framework governing resource development including energy and climate change policy, and key decisions from the more influential regulatory bodies in Canada.
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