Posted ~ June 27, 2014

Tsilhqot’in Nation v. British Columbia 2014 SCC 44 – Case Summary

In a watershed decision released today, the Supreme Court of Canada (“SCC”) allowed the Tsilhqot’in Nation’s appeal and, for the first time in Canadian history, granted a declaration of Aboriginal title. In doing so, the Court confirmed that the doctrine of terra nullius (that no one owned the land prior to Europeans asserting sovereignty) has […]

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Posted ~ June 9, 2014

Squamish Nation v. British Columbia (Community, Sport and Cultural Development), 2014 BCSC 991 – Case Summary

On June 4, 2014 the British Columbia Supreme Court (the “Court”) released its decision in the Squamish Nation case. In this case the Squamish Nation and Lil’wat Nation (the “Nations”) challenged the Province’s decision to approve the Resort Municipality of Whistler’s (the “Municipality”) 2011 Official Community Plan (the “Plan”). The Nations argued that the Plan […]

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Posted ~ June 6, 2014

Canada v. Kitselas, 2014 FCA 150 – Case Summary

On June 5, 2014, the Federal Court of Appeal (the “Court”) released its decision in Canada v. Kitselas First Nation, 2014 FCA 150, dismissing Canada’s application for judicial review of the decision made by the Specific Claims Tribunal (“Tribunal”). In Kitselas the Tribunal found that Canada breached its fiduciary obligations in excluding from Kitselas’ reserve […]

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Posted ~ April 20, 2014

Janelle Dwyer featured in Canadian Lawyer Magazine

Janelle Dwyer was featured in an article by Richard Foot titled “An Economic Transformation – Legal Report: Aboriginal Law” in the April 2014 issue of Canadian Lawyer Magazine.  The article discusses the recent trend of greater economic development taking place in aboriginal communities and the lawyers who are assisting First Nations to reach their economic development goals. […]

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