Aboriginal Law Blog

Current issues in aboriginal law

• New Mining Act Regulations for Aboriginal Consultation Proposed Recently, the Ministry of Northern Development and Mines (the “Ministry”) posted proposed regulations pursuant to section 176 of the Mining Act on Ontario’s Environmental Registry [read more] mercredi, 14 mars 2012 | David Crocker, Jesse Todres

• Ontario Superior Court Grants Injunction Against Mining Company for Failing to Consult On January 3, 2012, Ontario Superior Court Justice Carole Brown J. granted an injunction to the Wahgoshig First Nation (the "WFN") restraining a junior minor from engaging [read more] vendredi, 6 janvier 2012 | Angeline Nyce, R.P.F.

• First Nations Transparency Act Passes 2nd Reading Bill C-575, a private member's bill brought forward by Conservative MP Kelly Brock to create the First Nations Transparency Act passed second reading on March 2nd in the House of Commons and will [read more] vendredi, 4 mars 2011 | Danielle Jarvis

• Québec's Plan Nord: Nunavik Representatives meet in Kuujjuaq with Québec Government Officials On March 3rd, representatives from Nunavik met with Québec Government officials in Kuujjuaq to discuss the province's ambitious northern development plan, the Plan Nord. On hand for the [read more] vendredi, 4 mars 2011 | Stephan Trudeau

• Supreme Court of Canada Confirms Consultation and Compensation Requirements for Past (Historical) Infringements of Aboriginal Rights The Supreme Court of Canada recently released its decision in Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, 2010 SCC 43 in which the respondents, the Carrier Sekani Tribal Council, argued that [read more] jeudi, 28 octobre 2010 | Angeline Nyce, R.P.F.

• BC Supreme Court Finds a Failure to Meaningfully Consult and Accommodate Warrants a Stay of a Mines Act Permit and Suspension of a Licence to Cut The BC Supreme Court stayed the effect of First Coal Corporation's Mines Act Permit Amendment for Advanced Exploration and suspended its forestry Licence to Cut last Friday on finding that the [read more] mardi, 23 mars 2010 | Angeline Nyce, R.P.F.

• No Aboriginal Right for Lax Kw'alaams Indian Band to Commercial Fishery says BC Court of Appeal The BC Court of Appeal released its decision on December 23rd on Lax Kwa'aams' appeal from the Supreme Court's decision that it did not have a commercial right to fish all species within [read more] jeudi, 7 janvier 2010 | Angeline Nyce, R.P.F.

• First Nations Certainty of Land Title Act Introduced to Help First Nations Develop Commercial Real Estate on Reserves On December 10, 2009, the Government of Canada introduced the First Nations Certainty of Land Title Act (the "Act") to amend the First Nations Commercial and Industrial Development Act, [read more] vendredi, 18 décembre 2009 | Angeline Nyce, R.P.F.

• Nisga'a Nation Passes Legislation to Establish Private Property Rights The Nisga'a Nation has passed a historic law allowing Nisga'a citizens to own their own property. It is the first time in Canada that an aboriginal group has approved legislation to allow [read more] vendredi, 20 novembre 2009 | Sarah Ciarrocchi

• BC Hydro Releases Q&A on First Nations Consulation with Respect to Power Calls On November 18, 2009 BC Hydro released Questions and Answers (Q&A) on its website regarding BC Hydro's role with respect to First Nations consultation. The Q&A stems from uncertainty in [read more] jeudi, 19 novembre 2009 | Danielle Jarvis

• BC Supreme Court recognizes Aboriginal Right for Nuu-chah-nulth Nations Bands to Fish and Sell Fish Commercially Today, in Ahousaht Indian Band and Nation v. Canada (Attorney General), 2009 BCSC 1494, Madam Justice Garson of the BC Supreme Court has ruled that the plaintiffs in the action (the Ehattesaht, the [read more] mardi, 3 novembre 2009 | Sarah Ciarrocchi, Danielle Jarvis, Angeline Nyce, R.P.F.

• BC Supreme Court rules against Nlaka'pamux Nation Tribal Council - Finds that EAO fulfilled duty to consult On September 17, 2009, in Nlaka'pamux Nation Tribal Council v. Griffin 2009 BCSC 125, the Honourable Mr. Justice Sewell of the BC Supreme Court ruled against the Nlaka'pamux Nation Tribal [read more] vendredi, 25 septembre 2009 | Danielle Jarvis

• 2nd Anniversary of the UN Declaration on the Rights of Indigenous Peoples - Canada not signed on Two years ago, on September 13, 2007, the General Assembly of the United Nations adopted the Declaration on the Rights of Indigenous Peoples, after 143 Member States voted in favour of it. Notably, [read more] lundi, 14 septembre 2009 | Danielle Jarvis

• Ontario announces two programs to enhance Aboriginal participation in the new green economy Last week, Ontario announced the early closure of 4 of OPG's coal-fired generating units. The Ministry of Energy and Infrastructure described the announcement as the first of its 10 steps to "transi [read more] mardi, 8 septembre 2009 | Andrew Lord

• Chiefs reject proposed Recognition and Reconciliation Act At British Columbia's All Chiefs Assembly, a gathering of 250 chiefs (elected and hereditary) met with native elders to discuss the BC government's proposed Recognition and Reconciliation [read more] vendredi, 28 août 2009 | Danielle Jarvis

• Haida Signs MOU for an Option to Invest in Naikun Offshore Wind Energy Project Haida Enterprise Corporation ("HEC"), the business arm of the Haida Nation, has signed a Memorandum of Understanding with the NaiKun Wind Energy Group Inc. ("Naikun") for an option [read more] jeudi, 13 août 2009 | Danielle Jarvis

Authors

• Robert Banno
• David Crocker
• Danielle Jarvis
• Angeline Nyce, R.P.F.
• Jesse Todres

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