Posted ~ July 30, 2021


Southwind v Canada, 2021 SCC 28 – Case Summary

On July 16, 2021 the Supreme Court of Canada (“SCC” or “the Court”) released its decision in Southwind v Canada. The Southwind decision provides important guidance on how to assess equitable compensation for Canada’s historic breaches of fiduciary obligations to Indigenous peoples, especially with respect to a surrender or taking of reserve lands. In an […]

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Yahey v British Columbia, 2021 BCSC 1287 (CanLII) – Case Summary

On June 29, 2021, the British Columbia Supreme Court released its decision in Yahey v. British Columbia. This case is significant because it represents the first time that a court in Canada has found treaty infringement based on the cumulative effects of development within a First Nation’s territory.   Overview of the Court’s Decision Blueberry […]

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