Nouvelles - droit autochtone
On July 10, 2012, the Tax Court of Canada released its judgment in Dickie v. The Queen, 2012 TCC 242, wherein Miller Thomson, and co-counsel Robert Janes of JFK Law Corporation, were successful on an appeal of a reassessment made...
Two recent decisions in Ontario and British Columbia provide examples of the courts temporarily restraining commercial development for a lack of adequate consultation with affected Aboriginal groups. Wahgoshig First Nation v. Her...
Introduction In a landmark 300+ page decision, the Ontario Superior Court of Justice held that the government of Ontario does not have the authority to interfere with harvesting rights of the Grassy Narrows First Nation under Treaty...
New Draft Requirements for Aboriginal Consultation on Renewable Energy ProjectsThe Ontario Ministry of the Environment (MOE) has released a Draft Aboriginal Consultation Guide for preparing a Renewable Energy Approval Application ("Guide"). The Guide lays out the requirements for project proponents to consult...
In the recent case of Upper Nicola Indian Band v. British Columbia (Environment), 2011 BCSC 388, the British Columbia Supreme Court considered the scope of the Crown’s duty of consultation with aboriginal people in light of the...
On Thursday, October 28, 2010, the Supreme Court of Canada released its decision in Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, overturning the British Columbia Court of Appeal and confirming the decision of the British...
In February 2010, the Supreme Court of British Columbia heard an application by West Moberly First Nations to quash three decisions of individuals appointed as statutory decision makers for the Crown: A September 1, 2009 decision...