Posted ~ November 14, 2017
In Ktunaxa Nation v. British Columbia (Minister of Forests, Lands and Natural Resource Operations), 2017 SCC 54, the Supreme Court of Canada (“SCC” or the “Court”) decided that Qat’muk, a place of spiritual significance for the Ktunaxa Nation (the “Ktunaxa”), was not protected by the s. 2(a) Charter right to freedom of religion. With this decision, […]
Posted ~ August 10, 2017
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”) […]
Posted by Mandell Pinder LLP
Posted in Aboriginal Rights & Title, Administrative & Regulatory Law, Case Summaries, Duty to Consult, Treaty Rights
Posted ~ February 22, 2017
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 […]
Posted by Mandell Pinder LLP
Posted in Case Summaries, Civil Litigation
Posted ~ October 13, 2016
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), […]
Posted by Mandell Pinder LLP
Posted in Case Summaries, Charter of Rights and Freedoms
Posted by Mandell Pinder LLP
Posted in Aboriginal Rights & Title, Administrative & Regulatory Law, Case Summaries, Charter of Rights and Freedoms, Duty to Consult