Posted ~ January 27, 2016

First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada) 2016 CHRT 2 – Case Summary

On January 26, 2016, the Canadian Human Rights Tribunal (the “Tribunal”) handed down its long-awaited decision concerning Canada’s funding of child welfare services to First Nations.  The complaint, which was brought forward by the advocate Cindy Blackstock of First Nations Child and Family Caring Society and the Assembly of First Nations (“AFN”), alleged that Canada […]

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Posted in Case Summaries, Charter of Rights and Freedoms

Posted ~ January 25, 2016

Coastal First Nations v. British Columbia (Environment) 2016 BCSC 34 – Case Summary

On January 13, 2016, the British Columbia Supreme Court (“Court”) released its reasons in the Enbridge Northern Gateway Pipeline (“Project”) case.¹  In her decision, Madam Justice Koenigsberg found that a portion of an Equivalency Agreement (“Agreement”)² entered into between the B.C. Environmental Assessment Office (“EAO”) and the National Energy Board (“NEB”) was invalid to the […]

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

Posted ~ November 13, 2015

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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Posted in Case Summaries, Treaty Rights

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Doig River First Nation and Blueberry River First Nations v Her Majesty the Queen in Right of Canada 2015 SCTC 6 – Case Summary

In this decision, Justice Whalen of the Specific Claims Tribunal (“Tribunal”) found that the Crown breached its legal obligations to the Doig and Blueberry River First Nations (formerly the Fort St. John Beaver Band) when it failed to obtain subsurface rights for the Replacement Reserves it acquired following the Band’s surrender of the Montney Reserve.  […]

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Posted in Case Summaries, Specific Claims

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