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Aboriginal Law

Aboriginal Law
|
February 2, 2023

GITXAALA NATION’S CHALLENGE TO BC’s MINERAL CLAIM REGIME

On October 25, 2021, Gitxaala Nation filed a Petition in the Supreme Court of...

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Aboriginal Law
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April 4, 2022

ADVANCED COSTS: CAN FIRST NATIONS AFFORD TO PROVE THEY ARE POOR ENOUGH TO OBTAIN ACCESS TO JUSTICE?

The SCC has recently addressed the test for “advanced costs” in the Anderson case, which involved an Indigenous government alleging treaty breaches by the Crown. To afford the litigation...

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Aboriginal Law
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February 7, 2022

UNDRIP AND DRIPA: “VACUOUS POLITICAL BROMIDE” OR A BASIS FOR SUBSTANTIAL CHANGE TO THE COMMON LAW OF ABORIGINAL RIGHTS?

In the recent Saik’uz case, the BC Supreme Court touched on what may be one of the most fundamental disputes in Canadian aboriginal law...

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Aboriginal Law
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February 7, 2022

SAIK’UZ: DOES ABORIGINAL TITLE TO WATERBED REALLY GIVE RISE TO AN INSURMOUNTABLE CONFLICT?

In Saik’uz First Nation v Rio Tinto Alcan Inc., 2022 BCSC 15, the Supreme Court of BC addressed, but did not decide, a dispute about aboriginal title over riverbeds of navigable rivers...

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Aboriginal Law
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June 27, 2021

The Devastating discovery of unmarked graves at Kamloops Indian and Marieval Indian Residential Schools

by Savannah Carr-Wilson Our firm stands in solidarity with the residential school survivors, Indigenous...

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Aboriginal Law
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June 21, 2021

Commercial Litigation Team of the Year!

In May 2021, Ng Ariss Fong received a Canadian Law Award! We and several...

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Aboriginal Law
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May 16, 2021

R. v. Desautel (2021 SCC 17) and the aboriginal peoples of Canada

by Ruben Tillman The Supreme Court of Canada (the “SCC”) has ruled that people...

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Aboriginal Law
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May 2, 2021

Affirming a Fuller Expression of the Nuu-Chah-Nulth’s Right to Fish and Sell Fish: Ahousaht Indian Band and Nation v Canada (Attorney General), 2021 BCCA 155

by Savannah Carr-Wilson This BC Court of Appeal decision is about the scope of...

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Aboriginal Law
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February 29, 2020

The Wet’suwet’en movement: signalling the need for a new approach based on inherent rights recognition

by Savannah Carr-Wilson RCMP action against Wet’suwet’en hereditary chiefs opposing the Coastal GasLink pipeline...

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Aboriginal Law
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February 5, 2020

BC’S new Declaration on the Rights of Indigenous Peoples Act: A step towards reconciliation

by Savannah Carr-Wilson On November 28, 2019, British Columbia (“BC”)’s new Declaration on the...

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Aboriginal Law
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October 1, 2019

Flawed Federal Report means BC must reconsider certificate conditions for TransMountain: Squamish Nation v. British Columbia (Environment), 2019 BCCA 321

by Savannah Carr-Wilson In September 2019, the BC Court of Appeal directed the Province...

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Aboriginal Law
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August 19, 2019

The duty to consult about inadequate fishing allocations: Squamish Nation v. Canada, 2019 FCA 216

Squamish First Nation recently succeeded on its appeal of a lower court decision (2017...

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Aboriginal Law
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July 24, 2019

After Kirby’s Oil Spill: The Criminal Conviction and Sentencing

Kirby Corporation sentenced in Bella Bella for 2016 oil spill in Heiltsuk territory  When...

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Aboriginal Law
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July 24, 2019

Enforcing Indigenous laws in Canadian courts

A recent Ontario Court of Appeal case has addressed the right of a litigant...

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Aboriginal Law
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June 18, 2019

Missing and Murdered Indigenous Women and Girls Inquiry releases Final Report

On June 3, 2019, the National Inquiry into Missing and Murdered Indigenous Women and...

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