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Nelson v. Marchi: Separation of powers and core policy immunity

Canada - November 4 2021 On October 21, 2021, the Supreme Court of Canada released its decision in Nelson (City) v Marchi ("Marchi"). In the course of dismissing the City…

Labrador Inuit land claims agreement breached

Canada - October 6 2020 In the recent case of Nunatsiavut Government v. Newfoundland and Labrador[1] Justice Vikas Khaladkar of the Supreme Court of Newfoundland and Labrador…

Brian A. Crane, Q.C., Graham S. Ragan

Federal Court declares certain amendments to Qalipu Mi'kmaq First Nation agreement unenforceable, unreasonable

Canada - May 9 2018 Yesterday, the Federal Court released David Robert Wells v Canada (Attorney General) et al and Sandra Frances Wells v Canada (Attorney General) et al…

Jaimie Lickers

Specific Claims Tribunal Validates Pre-Confederation Claim for Breach of the Royal Proclamation of 1763

Canada - January 24 2018 In Madawaska Maliseet First Nation v Canada (“Madawaska Maliseet”), the Specific Claims Tribunal (“the Tribunal”) was faced with the novel…

Robert Winogron

Divisional court finds duty to consult required crown to provide promised capacity funding

Canada - January 24 2018 In Saugeen First Nation v Ontario (MNRF) (“Saugeen”), the Ontario Divisional Court took the unprecedented step of recognizing that the Crown’s…