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The Seven Year Itch: The SCC Returns to Address an Unresolved Question regarding the Crown’s Duty to Consult Aboriginal People and the Legislative Process

Posted in Aboriginal, Administrative Law, Constitutional Law, Consultation, Environmental, Project Permitting, Public Law, Regulatory
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On May 18, 2017, the Supreme Court of Canada agreed to hear an appeal in an important case that could further define the nature and extent of the Crown’s duty to consult Aboriginal people, including the previously unresolved question as to whether the Crown’s duty to consult Aboriginal people can be triggered by legislative action…. Continue Reading

Indigenous Considerations in the Expert Panel Report on Federal Environmental Assessment Processes

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Law, Regulatory, Regulatory Compliance
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Our April 7 post on the report of the Expert Panel reviewing federal environmental assessment processes noted that the report contains recommendations for greater inclusion of Indigenous peoples in federal environmental assessment processes. This post looks in more detail at the report’s key recommendations and commentary on that subject. Overall, the Expert Panel report envisions a… Continue Reading

Supreme Court of Canada Grants Tsilhqot’in Nation a Declaration of Aboriginal Title

Posted in Aboriginal, Administrative Law, Constitutional Law, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Law, Public Utility, Regulatory, Regulatory Compliance
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Introduction On June 26, 2014, the Supreme Court of Canada (“SCC”) released its much anticipated decision on Aboriginal title in the Tsilhqot’in case and surprised many by granting the Tsilhqot’in Nation a declaration of Aboriginal title to approximately 200,000 hectares (2,000 km2) of land. The Tsilhqot’in case is the first case decided by the SCC… Continue Reading