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 ...
On Wednesday, May 8, the Alberta government introduced Bill 22, the Aboriginal Consultation Levy Act, in the Alberta Legislature. Bill 22 is being introduced as part of the Alberta government’s overhaul of regulatory and Aboriginal consultation processes in the province.
Consultation Levy Fund Established
Bill 22 would establish a Consultation Levy Fund, which ...
The Government of Alberta has announced that it is holding public consultations as part of its process to develop the new regulations under the Responsible Energy Development Act. These regulations will set out the details regarding how the new Alberta Energy Regulator will function in practice. The Calgary session will take place on February 25, 2013 from 9:00 a.m. to ...
On December 27th, 2012, the Court of Appeal for Yukon released its decision 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 claims to be recorded on land with asserted Aboriginal rights and title claims. The case arose as a result of the “open entry” claim ...
On January 8, 2013, the Federal Court released its decision in Daniels v Canada, 2013 FC 6, a case involving the scope of the word “Indian” under section 91(24) of the Constitution Act, 1867. The plaintiffs sought a declaration that Métis and non-status Indians (“MNSI”) are “Indians” for the purposes of section 91(24) of the Constitution Act, 1867.
The Court ...
On December 10, 2012, the Responsible Energy Development Act (“REDA”) received royal assent. Under REDA, the Alberta Energy Resources Conservation Board and certain regulatory functions of the Ministry of Environment and Sustainable Resource Development will be replaced with a new single provincial regulator for all oil, gas, oil sands and coal projects in the ...
On October 24, 2012, the Government of Alberta introduced Bill 2: the Responsible Energy Development Act (“REDA”). If enacted, REDA will establish a single energy regulator and create a new regulatory framework for energy resource projects in Alberta.
On October 26, 2012, the Joint Review Panel (the “Panel”) established to review the Jackpine Mine Expansion Project (the “Jackpine Project”) found that its statutory jurisdiction does not include the authority to adjudicate the adequacy of the Crown’s consultation with First Nations. As interested parties in the proceeding, the Athabasca Chipewyan First ...
September 2012 marked the 20th anniversary of the creation of the BC Treaty Commission and on October 10, 2012, the BC Treaty Commission released its annual report titled “Learning from our Success”. The report includes a reflection of the successes and challenges the BC Treaty Commission has seen over the past 20 years. Since 1992, the BC Treaty Commission has seen two ...
On September 25, 2012, the BC Court of Appeal released its reasons in Neskonlith Indian Band v Salmon Arm (City), 2012 BCCA 379 dismissing an appeal by the Neskonlith Indian Band (the “Neskonlith”) seeking, inter alia, a declaration that the City of Salmon Arm (the “City”) had a duty to consult with the Neskonlith. The case involved a judicial review brought by the ...
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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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