Tibor Osvath presents at Creation of Wealth Forum On March 31, 2014, Rae and Company’s Tibor Osvath shared his knowledge and discussed how Federal Indian Trust Funds are controlled and administered at the Creation of Wealth Forum. Attendees left the presentation with a better understanding of the Crown’s (Canada’s) control over the large sums of […]
Aboriginal and First Nations Law
Rae and Company advised and worked closely with the “Pilot First Nations”: the Blood Tribe, Siksika Nation and White Bear First Nations, in Canada’s creation of the First Nations Oil & Gas and Moneys Management Act (Bill C 54), an act that took nearly 10 years to develop in an attempt to provide First Nations with more
For many years Rae and Company has been actively involved in developing the resource sector of First Nations in the western provinces and northern territories. We’ve advised and assisted in the maximization of economic rents, the protection of First Nations’ income from federal and provincial taxation and in the negotiation and settlement of the mineral aspects of Aboriginal land
Alberta First Nation is relying on Tsilqhot’in v British Columbia, 2014 SCC 44, a recent Supreme Court ruling on aboriginal land rights complicating an asset swap deal with two major pipeline companies – Trans Canada Corp. and Atco Ltd. Read the full story here.
Earlier this summer, Aboriginal-rights lawyer, James O’Reilly divulged that the Supreme Court of Canada’s decision to resolve issues like aboriginal titles (and whether provincial laws apply to those lands) can be applied to two-fifths of Quebec’s territory. In June, a unanimous vote by Canada’s highest court ruled that First Nations now have a measure of
The Alberta Court of Appeal Addresses the Scope of Questioning of a Crown Representative on Historical Matters
The Stoney Nakoda Nations (“SNN”) have commenced an action in the Alberta Court of Queen’s Bench seeking a declaration of unextinguished Aboriginal title, Aboriginal rights and Treaty rights with respect to portions of southern Alberta. Such an action necessarily engages Treaty No. 7 and the history and relationship of aboriginal peoples with Europeans and the
ACFN (Athabasca Chipewyan First Nation) have filed a judicial review in Alberta’s Court of Queen’s Bench regarding a decision made by Alberta’s Consultation Office that ACFN need not be consulted or accommodated with respect to the Grand Rapids Pipeline. In addition to alleging that the Alberta’s Consultation Office decision was wrong the ACFN also allege
The Court of Appeal for British Columbia (BCCA) has ruled in favour of the Saik’uz First Nation and Stellat’en First Nation in their case for nuisance and breach of riparian rights against Rio Tinto Alcan Inc (Rio Tinto). In Saik’uz First nation and Stellat’en First Nation v Rio Tinto Alcan Inc., the BCCA confirmed that, among other
The Kahkewistahaw First Nation (KFN) in Saskatchewan spent 13 years developing an Election Code. During much of this time, Louis Taypotat was Chief. On February 18, 2011, the community was authorized to operate under its own Kahkewistahaw Election Act, the requirements of which included a grade 12 education for those running for Chief or Band Councillor.
Unfortunately, due to budget constraints, not all survivors of residential schools were included in the 2006 Settlement Agreement. The Indian Residential Schools Settlement Agreement provided for two types of individualized compensation: (1) the Common Experience Payment, which only provides compensation for former residents of a residential school and is solely based on the number of years the