The Supreme Court of the Northwest Territories has granted an injunction to the Tlicho Government suspending the implementation of the Mackenzie Valley “Superboard” legislation. Creation of the Mackenzie Valley “Superboard” is contemplated in amendments to the Mackenzie Valley Resource Management Act (MVRMA) contained in the Northwest Territories ...
On December 2, 2014, the Yukon Supreme Court struck down the Yukon government’s Peel watershed regional land use plan because of the government’s failure to follow the process for developing that plan under final agreements (modern treaties) with the Na-Cho Nyak Dun, Tr’ondek Hwech’in and Vuntut Gwichin First Nations. The case marks the first time that a court has ...
Today, the Supreme Court of Canada released another important Aboriginal law decision, Keewatin v. Ontario (Natural Resources), 2014 SCC 48. The decision confirms the power of Ontario, along with other provincial governments, to manage natural resources over lands subject to numbered treaties. Treaty 3 is one of the historical, numbered treaties entered into between ...
Introduction
On June 26, 2014, the Supreme Court of Canada (“SCC”) released its much anticipated decision on Aboriginal title in the Tsilhqot’in case and surprised many by granting the Tsilhqot’in Nation a declaration of Aboriginal title to approximately 200,000 hectares (2,000 km2) of land.
The Tsilhqot’in case is the first case decided by the SCC granting ...
On January 24, 2014, the Supreme Court of Canada dismissed a leave to appeal application in a Métis rights case from Alberta. As a result, the Alberta Court of Appeal’s decision, which upheld a finding that the existence of a rights-bearing Métis community in southern Alberta had not been established on the facts, remains the binding authority in Alberta.
Background
The ...
On December 20, 2013, the Court of Appeal of Alberta released its decision in Cold Lake First Nations v. Alberta (Tourism, Parks and Recreation), [2013] ABCA 443, determining that the Alberta government had met its duty to consult the Cold Lake First Nations in the context of upgrading and expanding a provincial recreation area. CLFN filed an application for leave to appeal ...
On September 26, 2013 the BC Court of Appeal released its decision in Louis v. British Columbia. The decision is a reaffirmation of the principles to be applied when Aboriginal groups seek consultation in respect of past wrongs or previous breaches of the duty to consult.
Background
The province of British Columbia granted an indefinite permit to mine molybdenum at the ...
On September 19, the Supreme Court of Canada issued two important leave to appeal decisions on cases that will be of interest to project proponents.
- In the first case, the Court declined to hear the appeal in Ross River Dena Council v. Government of Yukon, 2012 YKCA 14. The case dealt with the Yukon Government’s duty to consult with First Nations when allowing mineral ...
On August 16, 2013, the Government of Alberta released its new Policy on Consultation with First Nations on Land and Natural Resource Management dated June 3, 2013 (the “Consultation Policy”), as well as revised drafts of the Corporate Guidelines for First Nations Consultation Activities (the “Draft Corporate Guidelines”), and the First Nations Consultation ...
On May 9th 2013, the Supreme Court of Canada released its decision in Behn v Moulton Contracting Ltd, 2013 SCC 26. The decision provides important commentary on the Crown’s duty to consult Aboriginal people.
Background
Moulton Contracting Ltd., a forestry company, was granted two timber sale licences and a road permit (the “Authorizations”) by the British Columbia ...
About Us
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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