Environmental, Indigenous and Natural Resources Blog

Today, the federal government introduced in Parliament Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act. This blog provides some background on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the new federal bill.

The United Nations Declaration on the Rights of Indigenous Peoples

UNDRIP was passed by the UN ...

The Supreme Court of Canada has confirmed in Mikisew Cree First Nation v. Canada (Governor General in Council) that there is no duty to consult Indigenous groups in the development of legislation. 

At issue in Mikisew was whether the Government of Canada had a duty to consult the Mikisew Cree First Nation on the development of environmental legislation that Mikisew said had ...

Impact benefit agreements (“IBAs”) between industrial proponents and Indigenous groups are becoming an important way for proponents to address regulatory risks and for Indigenous groups to benefit from industrial development in their traditional areas. Because IBAs may contain commercially sensitive information such as financial contributions, employment ...

On Friday, December 1, the Supreme Court of Canada released its decision in the Peel River case that we first reported on here and here. The decision deals with the obligations of the Yukon Government to follow the land use planning process set out in modern land claim agreements with First Nations in Yukon, more specifically the development of a land use plan for the Peel River ...

The Supreme Court of Canada (“SCC”) rendered its decision in Ktunaxa Nation v. British Columbia (Forest, Lands and Natural Resources Operations) on November 2, 2017. This decision has important implications for both project proponents and Aboriginal groups in Canada.

Background

The Ktunaxa National Council represents the four Ktunaxa communities in Canada ...

In previous posts, from April, 20 2015 and June 2, 2015, we reported on the federal Extractive Sectors Transparency Measures Act (“ESTMA”) and the requirements it imposes on companies to report certain types of payments made to governments. ESTMA requires reporting companies to report payments made to specified “payees” — governments in Canada and ...

On May 18, 2017, the Supreme Court of Canada agreed to hear an appeal in an important case that could further define the nature and extent of the Crown's duty to consult Aboriginal people, including the previously unresolved question as to whether the Crown's duty to consult Aboriginal people can be triggered by legislative action.

Background – When Does the Crown Duty to ...

Update: On June 9, 2016, the Supreme Court of Canada agreed to hear an appeal from Yukon Court of Appeal’s Peel watershed decision.  Click here to read our earlier blog post on the Court of Appeal’s decision handed down November 4, 2015.

The Supreme Court of Canada has handed down its decision in the Daniels case. The Supreme Court’s decision resolves a question of constitutional responsibility for Aboriginal peoples other than First Nations and Inuit — Canada’s Métis and non-status Indians.

Under section 91(24) of the Constitution Act, 1867, the federal Parliament has exclusive legislative ...

On November 4, 2015, the Yukon Court of Appeal released its decision in the Peel River case that we first reported on here.  The decision focussed on whether the Yukon Government properly followed the land use planning process set out in three modern land claims agreements in the development of a land use plan for the Peel River region.  The Court of Appeal largely agreed with the ...