Property Law

ACFN Files Judicial Review Challenging Alberta Consultation Office

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 […]

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Court Upholds First Nations’ Right to Bring Claims Based on Unproven Aboriginal Rights and Title

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

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Establishing Aboriginal Title Strengthens First Nations’ Position

Case law appears to be evolving when it comes to property rights around Aboriginal title and the duty to consult. The combined effect of the decisions in several landmark cases, as outlined below, indicates a trend toward a strengthened position for First Nations when dealing with government and industry developments on traditional land. First successful

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