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Gamlaxyeltxw v British Columbia (Minister of Forests, Lands and Natural Resource Operations) 2018 BCSC 440 – Case Summary

This case involves an issue that is being litigated for the first time in Canadian courts.  In the decision, Justice Sharma of the British Columbia Supreme Court was asked to address how to resolve a potential conflict between two constitutional duties: the Crown’s duty to an Aboriginal people with whom it has entered into a […]

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Clyde River (Hamlet) v Petroleum Geo‑Services Inc., 2017 SCC 40 and Chippewas of the Thames First Nation v Enbridge Pipelines Inc., 2017 SCC 41 – Case Summaries

On July 26, 2017, the Supreme Court of Canada (“SCC”) released its decisions in two cases: Clyde River (Hamlet) v. Petroleum Geo‑Services Inc. and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc.  In these cases Indigenous Nations argued that the Crown had breached its duty to consult when the National Energy Board (“NEB”) […]

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The First Nation of Nacho Nyak Dun v. Yukon 2015 YKCA 18 – Case Summary

On November 4, 2015, the Yukon Court of Appeal released its reasons in the Peel Watershed case which concerns the collaborative land use planning process set out in the modern treaties entered into with Nacho Nyak Dun, Tr’ondëk Hwëch’in and Vuntut Gwitchin First Nation (and also affecting Gwich’in Tribal Council who participated as interveners).  Yukon […]

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Update on Recent Caselaw

This legal update, presented on September 28, 2015 to the Annual General Assembly of the Union of B.C. Indian Chiefs, provides a round-up of some of the cases that have been decided in the last few months, and the trends these cases reveal. I.             Consultation Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource […]

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Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations), 2015 BCCA 345 – Case Summary

In a decision that provides welcome clarity on the Crown’s obligation to consult and set the proper stage for meaningful consultation to take place, the BC Court of Appeal overturned the decision of the BC Supreme Court, finding that the Province breached its duty to consult with the Kwakiutl First Nation (“KFN”) regarding the decisions […]

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The First Nation of Nacho Nyak Dun v. Yukon (Government of), 2014 YKSC 69 – Case Summary

On December 2, 2014 Justice Veale of the Yukon Supreme Court released his reasons in the Peel Watershed Decision. The Peel Watershed is a pristine region approximately 67,000 km² in size and spans parts of the traditional territories of several First Nations in Yukon and the Northwest Territories. At issue was whether the Yukon government (“Yukon”) […]

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Grassy Narrows First Nation v. Ontario (Natural Resources) 2014 SCC 48 – Case Summary

On July 11, 2014, the Supreme Court of Canada (“SCC”), in a unanimous decision, dismissed the appeals of the Grassy Narrows First Nation (“Grassy Narrows”) and Wabauskang First Nation, and confirmed that Ontario has constitutional authority to take up Treaty 3 lands for development without Canada’s involvement. The dispute initially arose in 1997, when Ontario […]

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