The importance of consultation with First Nations, progressive reclamation and increased reclamation security for amended permits in the mining industry
The BC Supreme Court recently cast light on issues regarding British Columbia mining operations on First Nation’s territory in Ignace v. British Columbia (Chief Inspector of Mines), 2021 BCSC 1989. Miller Thomson was counsel in Ignace challenging the permit amendment....
Southwind v. Canada case summary
The Supreme Court of Canada (“SCC”) released its decision in Southwind v. Canada, 2021 SCC 28 (“Southwind”) on July 16, 2021. The decision clarifies how to assess equitable compensation for a breach of Canada’s fiduciary duty to Indigenous peoples in...
A new era: Free prior and informed consent
Canada’s unqualified adoption of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) in 2016 rang alarm bells for many prospectors and developers across Canada. It elevated the debate as to whether consent of Indigenous peoples would be...
Applying the reasonableness standard to Indigenous consultation requirements
Assessing the implications of Coldwater v. Trans Mountain on major resource project approvals in Canada On February 4, 2020, the Federal Court of Appeal released its decision in Coldwater v. Trans Mountain, 2020 FCA 34 (“Coldwater”), considering legal challenges to...
Sarah Hansen quoted in The Lawyer’s Daily article on BC Supreme Court ruling
The Lawyer's Daily, "Court must balance rules of evidence while recognizing Indigenous traditions, B.C. judge rules"
In a ruling being characterized as a first in Canada, a B.C. Supreme Court judge has ruled an Indigenous elder can present evidence as part of a panel during depositions in a land claims case, which the First Nation’s counsel...
Indigenous Laws and Perspectives in Environmental Assessments
Environmental Law & Aboriginal Law-Vancouver Joint Section Meeting, CBA (BC Branch)
Supreme Court of Canada underlines the need for diligence in the negotiation and implementation of modern treaties
The Supreme Court of Canada’s recent judgment in First Nation of Nacho Nyak Dun v Yukon, 2017 SCC 58 (Nach Nyak Dun), has outlined the appropriate role of the Court in resolving modern treaty disputes. The judgment indicates that the...
Ktunaxa Case Summary
The Supreme Court of Canada released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations) 2017 SCC 54, last year on November 2. The decision clarifies that religious freedom does not include protection of the...
First Nations Land Management – Project Development and Compliance with First Nations Laws
Since 1999, First Nation communities in Canada have had the opportunity to assume management and control of their reserve lands and resources from the Government of Canada. As a result, in addition to any applicable laws enacted by federal or...
Supreme Court of Canada Provides Guidance on Regulatory Bodies Ability to Fulfill Duty to Consult
Overview On July 26, 2017, the Supreme Court of Canada (“SCC”) released the companion decisions of Clyde River (Hamlet) v. Petroleum Geo-Services Inc.[1] (“Clyde River”) and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc.[2] (“Chippewas”). The SCC in...
