Aboriginal Law

In recent months, discussions around artificial intelligence (AI) have become ubiquitous with news stories and social media posts highlighting its benefits and challenges appearing daily. New AI tools and services… Learn More

In 1850 the Anishinaabe of Lake Huron and Lake Superior made treaties with the Crown. In exchange for ceding their land, the Anishinaabe received, among other things, the promise of… Learn More

On August 29, 2023, Federation of Sovereign Indigenous Nations (a Saskatchewan-based group of independent First Nations) held a press conference announcing that it would be commencing a legal action in… Learn More

Bogue v Miracle, 2022 ONCA 672 On September 29, 2022, the Ontario Court of Appeal (the “ONCA”) in Bogue v Miracle, 2022 ONCA 672 [Bogue v. Miracle] affirmed the protections… Learn More

The “Numbered Treaties” in Canada are a series of eleven post-Confederation Treaties that were concluded between Canada and the signatory First Nations from 1871 to 1921. Together, they cover a… Learn More

In order to secure to the Indians of the Province the continuance of the supply of game and fish for their support and subsistence, Canada agrees that the laws respecting… Learn More

Section 91 of the Canadian Constitution (the Constitution Act, 1867) gives the Parliament of Canada (i.e., the federal government) exclusive jurisdiction over “Indians and Lands reserved for the Indians”.  Sounds… Learn More

In Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12, the Supreme Court issued a simple declaration meant to answer a long standing issue: Are Métis and non-status… Learn More

With a one-two punch delivered by the Supreme Court of Canada on October 15, 2015 two Rio Tinto subsidiaries, Rio Tinto Alcan and Iron Ore Company of Canada, have failed… Learn More

Sapotaweyak Cree Nation v. Manitoba Who must consult with First Nations in connection with a development project? According to the Manitoba Courts, not a Crown Corporation. On March 2, 2015,… Learn More

I. INTRODUCTION Only one year after Confederation, Canada purchased the land known as Rupert’s Land. Rupert’s Land was a vast tract of land that included what is now Manitoba. Prime… Learn More

On February 26, 2015 the British Columbia Court of Appeal reversed a $1.75 million damage award granted in 2013 to Moulton Contracting Ltd. against the B.C. Government in respect of… Learn More

The newsletters, conferences and webcasts are all still abuzz with the Supreme Court of Canada’s 2014 decisions in Tsilhqot’in Nation v. British Columbia (June 26) and Grassy Narrows First Nation… Learn More

Are Crown consultations with First Nations required in all circumstances where the Crown issues a resource-related permit? There is some guidance to be found in the March, 2014 decision of… Learn More

Increasingly, First Nations across Canada are enacting their own “custom codes” to govern the election of Chief and Council. The general rule is that a First Nation’s election is governed… Learn More

The Keewatin Appeal On March 18, 2013 the Ontario Court of Appeal gave its decision in the case of Keewatin v. Minister of Natural Resources. In doing so, the Court… Learn More

Since at least 2004, Aboriginal law has centered on consultation and accommodation. Hundreds of cases, articles, seminars and conferences have been dedicated to this undeniably important topic. Other related Aboriginal law issues… Learn More

Outside the Supreme Court of Canada, after arguing in the appeal of the Bastien and Dube cases, I was approached by a member of the gallery and asked how important… Learn More

In its broadest sense, Aboriginal law is the law concerning Aboriginal people; thus this area of law touches on many other areas of law such as property law, constitutional law,… Learn More

Building Relationships Introduction Over the last three decades, consultation with stakeholders has become one of the key aspects of planning natural resource development in Canada. Forestry, mining, water power and… Learn More

An Overview of Recent Trends and Their Implications for the Business Lawyer* *Prepared for the 1999 Isaac Pitblado Lectures **I would like to gratefully acknowledge the exceptional work done by… Learn More