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Aboriginal Law

Aboriginal Law
|
May 16, 2023

Podcast! Saugeen Ojibway Nation Appeal: Canada Concedes that Aboriginal Title and Public Navigation Can Co-Exist

The Ontario Court of Appeal is hearing the appeal of the Saugeen First Nation...

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Aboriginal Law
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March 29, 2023

Podcast! Gitxaała Nation’s challenge, featuring Tara Marsden

Tara Marsden (Naxginkw) Tara Marsden, whose Gitxsan name is Naxginkw, joins Ruben and Gavin...

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Aboriginal Law
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March 24, 2023

Podcast! Gitxaała Nation’s challenge, with counsel for First Nations intervenors

Karim Ramji, counsel for Nuxalk Nation and Ts’kw’aylaxw First Nation Alex Kirby, counsel for...

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Aboriginal Law
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March 22, 2023

Podcast! Gitxaala Nation’s challenge from the perspective of a pro-FPIC miner

Tony Fogarassy of First Tellurium Corp. Ruben interviews Tony Fogarassy, chairperson of First Tellurium...

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Aboriginal Law
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March 17, 2023

PODCAST! Gitxaala Nation’s challenge to BC’s Mineral Tenure Act

Lisa Fong (centre), Rachel Ariss (left) and Ruben Tillman (right) Lisa, Rachel and Ruben...

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Aboriginal Law
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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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