Tag Archives: Aboriginal

Indigenous Interests in Focus – Impact Assessment Act introduces substantive measures for a renewed relationship with Indigenous peoples

On February 8, 2018, the federal government introduced Bill C-69, Part 1 of which tables the Impact Assessment Act (IAA), proposed federal legislation to replace Canada’s current environmental assessment legislation, the Canadian Environmental Assessment Act, 2012 (CEAA 2012), as we outline here.… Continue Reading

Angling for Reconciliation: An Overview of Indigenous–related Amendments to the Fisheries Act

On February 6, 2018, the federal government announced proposed amendments to the Fisheries Act (the Act), as we summarized here. In furtherance of the federal government’s reconciliation efforts with Indigenous peoples, the proposed amendments provide opportunities to increase and strengthen the role of Indigenous groups in decision-making under the Act, which includes the potential for … Continue Reading

First Nation ordered to produce private agreements with industry – update on Blueberry River First Nations Treaty 8 infringement proceedings

In 2015, Blueberry River First Nations (BRFN) commenced a significant treaty infringement claim against the Province of British Columbia. BRFN claims that the Province is in breach of its obligations under Treaty 8 due to the cumulative impacts of development in BRFN’s traditional territory, which has resulted in its members being unable to exercise their … Continue Reading

First Nation of Nacho Nyak Dun v. Yukon: SCC addresses the role of courts in resolving modern treaty disputes

On December 1, 2017, the Supreme Court of Canada (SCC) issued its decision in First Nation of Nacho Nyak Dun v. Yukon,[i] concerning a contested land use planning decision of the Yukon Government under the Yukon Umbrella Final Agreement. The case is one of only a few by the SCC to substantively address modern treaties,[ii] … Continue Reading

Supreme Court Dismisses Aboriginal Spiritual Rights Charter Claim

The Supreme Court of Canada (SCC) released a decision earlier today dismissing a novel Aboriginal freedom of religion Charter claim that was raised in opposition to a ski resort development in British Columbia: Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (Ktunaxa).  This is a significant case as it … Continue Reading

United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canada – Implementation Status Update

It has been over a year since the federal government announced at the UN Permanent Forum on Indigenous Issues that Canada was now a full and unqualified supporter of UNDRIP and that the federal government would be implementing UNDRIP in Canada (details here). Following that announcement, Canada indicated that it would be carrying out consultations … Continue Reading

Clarifying the Role of Regulatory Tribunals in Consultation – Canada’s Highest Court Releases Two Key Aboriginal Consultation Decisions

On July 26, 2017, the Supreme Court of Canada (SCC) released its decisions in Hamlet of Clyde River, et al. v. Petroleum Geo-Services Inc. (PGS), et al. and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al. These appeals, which were heard on November 30, 2016 and previously discussed here, relate to … Continue Reading

Expert Panel Recommends Significant Changes to Canada’s Environmental Assessment Regime

On April 5, 2017, Environment and Climate Change Canada released the report of an external Expert Panel that was established in August 2016 to review the scope and process of federal environmental assessments under the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”). The Expert Panel’s Report contains numerous recommendations which, if implemented, would result in … Continue Reading