Formal Negotiations between Canada and the United States to modernize the Columbia River Treaty began in May 2018. The Canadian and US delegations have met 6 times, in Washington DC (twice), Nelson BC, Vancouver BC, Victoria BC, and Portland OR. This article describes the current Treaty, the factors leading to the current negotiations, and the stated modernization ...
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 ...
In 2016, the Government of Canada began reviews of federal environmental legislation and the National Energy Board (NEB). At the same time, Parliamentary standing committees undertook reviews of changes to federal fisheries and navigable waters laws. Reports from those four processes were released earlier in 2017.[1]
The Government of Canada has now released a ...
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 ...
Our April 7 post on the report of the Expert Panel reviewing federal environmental assessment processes noted that the report contains recommendations for greater inclusion of Indigenous peoples in federal environmental assessment processes. This post looks in more detail at the report’s key recommendations and commentary on that subject. Overall, the Expert ...
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 ...
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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