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.
Treaty and Aboriginal Rights
Some would say it’s been a progressive 2014 for First Nation treaty negotiations with a favourable response from Supreme Court of Canada on aboriginal control over ancestral lands. Though, amidst new industry guidance for First Nation consultation and resource development, large sums of debatable federal litigation spending against First Nation rights to oil and gas
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