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 ~ 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 ~ June 1, 2016

Conference on Real Estate Development on First Nation Lands, September 20-21, 2016

On September 20-21, 2016, the Pacific Business & Law Institute will host a conference titled  “Real Estate Development on First Nation Lands“ in Vancouver.  The conference will assemble a number of experts in the field to offer insights and practical considerations, and to review the necessary legal processes to successfully develop a project.   Janelle Dwyer […]

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Posted ~ April 15, 2016

Daniels v. Canada (Indian Affairs and Northern Development) 2016 SCC 12 – Case Summary

On April 14, 2016 the Supreme Court of Canada (“SCC”) released the Daniels decision which answered the question of whether the federal government or provincial governments hold legislative jurisdiction over Métis and non-status Indians (the “Claimant Groups”).  In a unanimous decision delivered by Justice Abella, the SCC found that both Métis and non-status Indians are […]

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