Aboriginal title and private law rights: Saik’uz First Nation and Stellat’en First Nation v. Rio TInto Alcan Inc.
The Saik’uz First Nation and Stellat’en First Nation appealed a judgment striking their action...
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Duty to consult: Buffalo River Dene Nation v. Saskatchewan (Minister of Energy and Resources)
The Buffalo River Dene Nation (“BRDN”) appealed a dismissal of its application for judicial...
Read MoreInjunctions: Haida Nation v. Canada (Fisheries and Oceans)
The Haida Nation sought an injunction to prevent the Minister of Fisheries and Oceans...
Read MoreInjunctions: Ahousaht First Nation v. Canada (Fisheries and Oceans)
Five Nuu-chah-nulth First Nations sought an injunction against a commercial roe herring fishery opening...
Read MoreDuty to Consult: Nunatsiavut v. Newfoundland and Labrador (Department of Environment and Conservation)
In 2012, Canada and Newfoundland and Labrador allowed the Muskrat Falls hydroelectric facility project...
Read MoreDuty to consult: Hupacasath First Nation v. Canada (Minister of Foreign Affairs)
In relation to Canada agreeing to enter an investment promotion agreement with the People’s...
Read MoreDuty to Consult: Da’naxda’xw/Awaetlala First Nation v. British Columbia Hydro and Power Authority
On a judicial review, the Da’naxda’xw/Awaetlala First Nation (“DAFN”) sought an order requiring that...
Read MoreDuty to consult: Mikisew Cree First Nation v. Canada (Minister of Aboriginal Affairs and Northern Development)
The Mikisew Cree case involved two omnibus bills introduced by the federal Minister of...
Read MorePipeline Arbitration: Is the taking of a right of way that is the best strip of your land worth more?
Where companies must compensate owners when taking rights of ways, one general approach is...
Read MoreEnbridge Pipeline – Judicial Review
Ng Ariss Fong, lawyers, has the distinct honour of representing Heiltsuk Nation and Kitasoo...
Read MorePipeline Arbitration: Injurious Affection – Is there impact on the value of the remaining property surrounding the pipeline?
With several inter-provincial pipeline projects proposed in British Columbia and in Canada, landowners may...
Read MoreSCC’s first declaration of Aboriginal Title: Sufficient, Continuous and Exclusive Use, rather than Specific and Intensive Occupation
The Supreme Court of Canada confirmed Aboriginal title claims of Tsilhqot’in Nation to a...
Read MorePipeline Arbitration: What kinds of compensation may a landowner claim?
When a landowner must give up land for a pipeline right-of-way under the National...
Read MoreProtecting Critical Habitat of the Endangered Killer Whale Species under SARA
Environmental legislation is often criticized for its ineffectiveness despite apparent strong environmental protective language....
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