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Duty to Consult does not Apply to all Aboriginal Concerns

Canada - April 11 2017 It is relatively common knowledge that the government has a “duty to consult” aboriginal groups when undertaking actions or making decisions that...

Joan M. Young, Ruth Nieuwenhuis.


Court of Appeal Holds Duty to Consult Does Not Apply to Statutory Interpretation

Canada - January 5 2017 There is a common misconception that the Crown's duty to consult Aboriginal peoples is unstructured and uncertain, and a related misconception that...

Joan M. Young.


A Thunderbolt Decision on Métis Rights: Daniels v Canada (Indian Affairs and Northern Development)

Canada - April 28 2016 The recent Supreme Court of Canada decision in Daniels represents a powerful form of judicial activism. While technically pronouncing only on a...

Timothy John Murphy, Brent Ryan.


Equivalency Agreements, Environmental Assessment and Aboriginal Consultation - Implications of Coastal First Nations v. British Columbia (Environment)

Canada - January 22 2016 Last week the BC Supreme Court released its decision in Coastal First Nations v. British Columbia (Environment), holding the Province could not rely...

Natalie Cuthill, Nika Robinson, Brent Ryan.


What do the recent Site C decisions mean for major projects in British Columbia?

Canada - September 30 2015 Over the past month, the British Columbia Supreme Court and the Federal Court have rendered a set of decisions pertaining to the Site...

Rohan Hill.