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The importance of consultation with First Nations, progressive reclamation and increased reclamation security for amended permits in the mining industry
The BC Supreme Court recently cast light on issues regarding British Columbia mining operations on First Nation’s territory in Ignace v. British Columbia (Chief Inspector of Mines), 2021 BCSC 1989. Miller Thomson was counsel in Ignace challenging the permit amendment. […]
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Southwind v. Canada case summary
The Supreme Court of Canada (“SCC”) released its decision in Southwind v. Canada, 2021 SCC 28 (“Southwind”) on July 16, 2021. The decision clarifies how to assess equitable compensation for a breach of Canada’s fiduciary duty to Indigenous peoples in […]
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A new era: Free prior and informed consent
Canada’s unqualified adoption of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) in 2016 rang alarm bells for many prospectors and developers across Canada. It elevated the debate as to whether consent of Indigenous peoples would be […]
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Applying the reasonableness standard to Indigenous consultation requirements
Assessing the implications of Coldwater v. Trans Mountain on major resource project approvals in Canada On February 4, 2020, the Federal Court of Appeal released its decision in Coldwater v. Trans Mountain, 2020 FCA 34 (“Coldwater”), considering legal challenges to […]
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Ktunaxa Case Summary
The Supreme Court of Canada released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations) 2017 SCC 54, last year on November 2. The decision clarifies that religious freedom does not include protection of the […]
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Case Commentary: Gitxaala Nation v. Canada, 2016 FCA 187
Introduction The Northern Gateway Pipeline Project, which has been in the works since 2005, received a major setback on June 23 with the federal court of appeal’s judgment in Gitxaala Nation v. Canada. The court quashed Canada’s approval of the […]
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The Indian Act Tax Exemption & Commercial Fishing Income
Introduction Section 87 of the Indian Act, R.S.C. 1985, c. I-5 can exempt the property of First Nation individuals and bands from taxation. For obvious reasons, this exemption can provide very valuable benefits to First Nation individuals, bands, and their […]
