Tagged: Aboriginal Law

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Considering the Role of Regulatory Bodies in Satisfying the Crown’s Duty to Consult: Chippewas of the Thames v Enbridge; Clyde River v Petroleum Geo-Services.

On July 26, 2017, the Supreme Court of Canada (“SCC”) released two decisions, Clyde River (Hamlet) v Petroleum Geo-Services Inc., 2017 SCC 40 [Clyde River] and Chippewas of the Thames...

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Live From the SCC: Ktunaxa Nation v Minister of Forests, Lands, Natural Resource Operations

The Supreme Court of Canada heard arguments on December 1st about whether section 2a of the Charter – the provision that protects religious freedom in our country—could be extended to...

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Daniels v Canada : Out of the Wasteland, Into the Fray

For centuries, the Métis and non-status Indian populations of Canada have been lost in a “jurisdictional wasteland.” Both the federal and provincial governments swayed between legislating over the two groups...

Sailing in Uncharted Waters: The Duty to Consult for Administrative Tribunals

The duty to consult is a constitutional obligation grounded in the honour of the Crown and entrenched in section 35 of our Constitution. This duty arises whenever conduct may adversely...