Posted ~ August 10, 2017

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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Posted by Mandell Pinder LLP

Posted in Aboriginal Rights & Title, Administrative & Regulatory Law, Case Summaries, Duty to Consult, Treaty Rights

Posted ~ February 22, 2017

Brown v. Canada (Attorney General) 2017 ONSC 251 – Case Summary

On February 14, 2017, Justice Belobaba of the Ontario Superior Court of Justice released his summary judgment reasons in the Sixties Scoop class action initiated in Ontario. The class action brought on behalf of Sixties Scoop survivors alleged that Canada breached fiduciary and common law duties when it devolved its responsibility over Indian child welfare […]

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Posted by Mandell Pinder LLP

Posted in Case Summaries, Civil Litigation

Posted ~ October 13, 2016

Descheneaux v. Canada, 2015 QCCS 3555 – Case Summary

This decision of the Quebec Superior Court considered the registration provisions of the Indian Act (the “Act”) that continue to unfairly discriminate against Indian¹ women and their descendants and limit their ability to pass on Indian status, as compared to Indian men and their descendants. On August 3, 2015, the Court in Descheneaux declared sections 6(1)(a), […]

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Posted in Case Summaries, Charter of Rights and Freedoms

Posted ~ July 5, 2016

Gitxaala Nation v Canada, 2016 FCA 187 – Case Summary

On June 30, 2016 the Federal Court of Appeal (“FCA”) released its decision to overturn Canada’s approval of the Northern Gateway Pipelines Project (the “Project”). In the decision, the FCA agreed with what First Nations had been saying all along and found that Canada’s approval of the Project could not stand as Canada had failed […]

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Posted in Aboriginal Rights & Title, Administrative & Regulatory Law, Case Summaries, Duty to Consult

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