Search results for:

As discussed in previous articles in this series, the Supreme Court of Canada’s Tsilhqot’in Nation v. British Columbia decision alters the legal landscape for development on proven Aboriginal title land: subject to a limited right of the government to infringe Aboriginal title where justified, Aboriginal groups have the exclusive right to decide how the land…

As discussed in Part I and Part II of this series on the Tsilhqot’in decision, proven Aboriginal title confers on an Aboriginal group the exclusive right to decide how the land is used and to benefit from those uses, subject to the right of the government to infringe Aboriginal title where justified. In Part III of…

Congratulations to our client, the Kanaka Bar Indian Band, for the recent publication of the story of their renewable energy project on the BC Aboriginal Business & Investment Council website. We have been working with Kanaka since 2010 on the Kwoiek Creek Hydroelectric Project, a 49.9 MW run-of-river power facility located on Kanaka’s reserve land.…

Many non-profit organizations are not aware of the crucial requirement to transition under the Canada Not-for-Profit Corporations Act before October 17th, 2014. Some of these crucial steps include: Reviewing the corporation’s by-laws; Drafting Articles of Continuance; and Having the Articles of Continuance approved by members. If you have not already transitioned, the legal team at…

In Part II of our seven-part series on Tsilhqot’in Nation v. British Columbia, we ask and answer the following important question: can government pass and enforce federal and provincial laws that apply Aboriginal title land? The short and simple answer is “yes” – even once Aboriginal title is proved over an area of land, as…

This is the first in a series of seven articles on the Supreme Court of Canada’s recent decision on Aboriginal title and its expected impacts. This article provides an overview of the key elements of the decision and poses the six key questions that we will answer in the coming weeks as part of this…

On June 26, 2014, the Supreme Court of Canada released its reasons in Tsilhqot’in Nation v. British Columbia. The decision represents the first time that an Aboriginal group has proven Aboriginal title over a significant land base in Canada. However, it is also a landmark decision for other reasons: the Supreme Court has clarified the…