Posted ~ September 24, 2014

Canada’s Interim Comprehensive Claims Policy – Same Old, Same Old

The 1986 Federal Comprehensive Land Claims Policy was last updated in 1993, before most of the significant judicial decisions on s. 35 of the Constitution Act, 1982. One might have expected, given the timing of the federal government’s release of its interim Comprehensive Land Claims Policy, entitled Renewing the Comprehensive Lands Claims Policy: Towards a […]

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Posted ~ August 19, 2014

Huu-Ay-Aht First Nations v. the Queen 2014 SCTC 7 – Case Summary

In Huu-Ay-Aht First Nations v. the Queen, 2014 SCTC 7, Judge Whalen of the Specific Claims Tribunal (“Tribunal”) decided in favour of the Huu-Ay-Aht First Nations (“Huu-Ay-Aht”), finding that Canada had committed multiple and ongoing breaches of fiduciary duties in relation to its dealings with a licence to harvest timber on Numukamis Indian Reserve No. […]

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Posted ~ July 21, 2014

Grassy Narrows First Nation v. Ontario (Natural Resources) 2014 SCC 48 – Case Summary

On July 11, 2014, the Supreme Court of Canada (“SCC”), in a unanimous decision, dismissed the appeals of the Grassy Narrows First Nation (“Grassy Narrows”) and Wabauskang First Nation, and confirmed that Ontario has constitutional authority to take up Treaty 3 lands for development without Canada’s involvement. The dispute initially arose in 1997, when Ontario […]

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Posted ~ July 11, 2014

Popkum First Nation v. the Queen 2014 SCT 6 – Case Summary

Judge Patrick Smith of the Specific Claims Tribunal has issued a ruling in favour of the Popkum First Nation (“Popkum”) with respect to its claim regarding the Seabird Island Reserve. Judge Smith found that in divesting Popkum of its interest in the Seabird Island Reserve without compensation and distributing part of its share of the […]

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