A majority of the Supreme Court of Canada decided that freedom of religion, which is protected under section 2(a) of the Canadian Charter of Rights and Freedoms, does not protect sacred sites, and did not, in particular, protect the home…
In 2012, in the middle of the Joint Review Panel process for assessing Enbridge’s Northern Gateway Pipeline Project, the federal government suddenly enacted significant amendments to laws governing pipelines and environmental protection (the “2012 Changes”). The 2012 Changes included a…
In a lengthy 146-page decision, the Federal Court of Appeal quashed the Governor in Council’s order, and turn, Enbridge’s pipeline certificates. Lisa C. Fong, of Ng Ariss Fong, acted for Heiltsuk Tribal Council and Kitasoo Xai’Xais Band Council. The court…
The nature of good governance has been much in our thoughts lately, especially given press coverage of individuals and their promises of big change. Everyone agrees that “good governance” is essential to First Nations fully manifesting self-government. But what is…
In Ktunaxa Nation v British Columbia, 2015 BCCA 352, the BC Court of Appeal considered a decision of the Minister of Forest, Lands and Natural Resources, to approve the building of Jumbo Glacier Resort in the Jumbo Valley near Invermere,…