Case Commentary: Gitxaala Nation v. Canada, 2016 FCA 187
Introduction The Northern Gateway Pipeline Project, which has been in the works since 2005, received a major setback on June 23 with the federal court of appeal’s judgment in Gitxaala Nation v. Canada. The court quashed Canada’s approval of the...
Case Commentary: Coastal First Nations v. British Columbia (Environment), 2016 BCSC 34
On January 13, 2016, the Coastal First Nations, an alliance of eight First Nations on British Columbia’s North and Central Coast and Haida Gwaii, received a favourable decision from the British Columbia Supreme Court in Coastal First Nations v. British...
SCC Affirms Ontario’s Jurisdiction to “Take Up” Lands in Treaty 3
On July 11, 2014, the Supreme Court of Canada (“SCC”) released its unanimous decision in Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48. The question before the SCC was whether the Province of Ontario or the Federal...
SCC Ruling on Aboriginal Title: Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 and Significant Changes to the Legal Landscape
On June 26, 2014, the Supreme Court of Canada (“SCC”) released its landmark decision in Tsilhqot’in Nation v. British Columbia. At the heart of this decision, the SCC was confronted with the question of Aboriginal title and what constitutes a...
The Indian Act Tax Exemption & Commercial Fishing Income
Introduction Section 87 of the Indian Act, R.S.C. 1985, c. I-5 can exempt the property of First Nation individuals and bands from taxation. For obvious reasons, this exemption can provide very valuable benefits to First Nation individuals, bands, and their...
R. v. Dickie – Income Earned on Reserve
PBLI Conference: The Latest Developments in First Nation Taxation
Tax Court of Canada Rules on Location of Business Income for the Purpose of Tax Exemption Under the Indian Act
On July 10, 2012, the Tax Court of Canada released its judgment in Dickie v. The Queen, 2012 TCC 242, wherein Miller Thomson, and co-counsel Robert Janes of JFK Law Corporation, were successful on an appeal of a reassessment made...
Injunctions Issued Against Companies for Lack of Aboriginal Consultation
Two recent decisions in Ontario and British Columbia provide examples of the courts temporarily restraining commercial development for a lack of adequate consultation with affected Aboriginal groups. Wahgoshig First Nation v. Her Majesty the Queen in Right of Ontario et...
Keewatin v. Minister of Natural Resources 2011 ONSC 4801 – Case Summary
Introduction In a landmark 300+ page decision, the Ontario Superior Court of Justice held that the government of Ontario does not have the authority to interfere with harvesting rights of the Grassy Narrows First Nation under Treaty 3. Background Grassy...
New Draft Requirements for Aboriginal Consultation on Renewable Energy Projects
The Ontario Ministry of the Environment (MOE) has released a Draft Aboriginal Consultation Guide for preparing a Renewable Energy Approval Application (“Guide”). The Guide lays out the requirements for project proponents to consult with Aboriginal communities in the Renewable Energy Approval...
