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One step forward and two steps back: province found to have breached Aboriginal consultation obligations for second time

  • McMillan LLP
  • -
  • Canada
  • -
  • March 6 2015

In Da'naxda'xwAwaetlala First Nation v. British Columbia Hydro and Power Authority, 2015 BCSC 16, for the second time, the Supreme Court of British

New AER application requirements regarding First Nations Consultation to take effect March 2

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 27 2015

On February 4, 2015, the Alberta Energy Regulator (the "AER") announced the release of the Joint Operating Procedures for First Nations Consultation

Procedures introduced to administer and coordinate First Nation Consultation

  • Blake Cassels & Graydon LLP
  • -
  • Canada
  • -
  • February 10 2015

On February 4, 2015, the Aboriginal Consultation Office (ACO) and the Alberta Energy Regulator (AER) released the Joint Operating Procedures for

Kaska Nation announces plans to develop a new resource law in its traditional territory, while Yukon government extends staking prohibition in Ross River Area

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • February 4 2015

On January 27, 2015, the leaders of the Kaska Nation issued a news release and declaration announcing plans to develop a resource law and regulations

Federal Court finds legislation may attract a duty to consult but Parliament still supreme

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • January 8 2015

On December 19, 2014, the Federal Court released a decision finding the Federal Government owed a duty to consult when it implemented changes to

Alberta replaces Ministerial Order on Aboriginal Consultation

  • Blake Cassels & Graydon LLP
  • -
  • Canada
  • -
  • November 19 2014

On October 31, 2014, Alberta's Minister of Energy and Minister of Environment and Sustainable Resource Development issued Energy Ministerial Order

BC Supreme Court confirms no freestanding government duty to negotiate

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • October 2 2014

In Sam v. British Columbia, 2014 BCSC 1783, the British Columbia Supreme Court confirmed that the federal and provincial governments (the Crown) are

The post-Tsilhqot’in world: Court rejects first nation’s assertion of Crown obligation to negotiate and settle litigated claims

  • McMillan LLP
  • -
  • Canada
  • -
  • September 26 2014

In one of the first British Columbia decisions to consider whether new or enhanced obligations flow to the Crown from the Supreme Court of Canada's

Court finds no treaty right to resource sharing under Treaty 3

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • September 19 2014

On August 28, 2014, the Ontario Divisional Court released its decision in Wabauskang First Nation v. Minister of Northern Development and Mines et al

Government announces postponement of mandatory reporting of payments to Aboriginal groups

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 27 2014

The Federal Government announced yesterday that it will postpone the application of its mandatory reporting requirements for the extractive sector to