Posted ~ June 3, 2015

Kahkewistahaw First Nation v. Taypotat 2015 SCC 30 – Case Summary

The Supreme Court of Canada (“SCC”) in Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30, has emphasized that individuals challenging First Nations’ laws for failing to comply with the equality provision in the Charter will have to bring forward specific evidence of the law’s discriminatory effects. The SCC concluded that in this case there was […]

Read More

Posted ~

R. v. Kokopenace, 2015 SCC 28 – Case Summary

In R. v. Kokopenace, 2015 SCC 28, the Supreme Court of Canada (“SCC”) was called on for the first time to determine what efforts Provinces must make to ensure that a jury is actually “representative.” This raised the related questions of how representativeness should be defined and what role it should play in the rights […]

Read More

Posted ~ April 17, 2015

Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc., 2015 BCCA 154 – Case Summary

First Nations seeking to protect their asserted (but yet unproven) Aboriginal title and rights, have now been given the go-ahead by the British Columbia Court of Appeal (“BCCA”) to bring claims against third parties in nuisance and for interference with riparian rights, just as any other Canadian landowner can. In Saik’uz First Nation and Stellat’en […]

Read More

Posted ~ February 17, 2015

The First Nation of Nacho Nyak Dun v. Yukon (Government of), 2014 YKSC 69 – Case Summary

On December 2, 2014 Justice Veale of the Yukon Supreme Court released his reasons in the Peel Watershed Decision. The Peel Watershed is a pristine region approximately 67,000 km² in size and spans parts of the traditional territories of several First Nations in Yukon and the Northwest Territories. At issue was whether the Yukon government (“Yukon”) […]

Read More