Aboriginal Insights

Image for CRA Technical Interpretation: Reserve Employment Income Exemption in Light of COVID-19 Pandemic

CRA Technical Interpretation: Reserve Employment Income Exemption in Light of COVID-19 Pandemic

Insight

Published: November 18, 2020

Authors: Erin Bokshowan, Josh Morrison

Categories: Aboriginal, Taxation

On October 28, 2020, the Canada Revenue Agency (“CRA”) released a Technical Interpretation (CRA Views 2020-0864811E5) regarding available income tax exemptions under the Indian Act for certain persons who are… Read More

Image for Development of New Sales Programs by B.C. to Benefit Cannabis Producers and Indigenous Businesses

Development of New Sales Programs by B.C. to Benefit Cannabis Producers and Indigenous Businesses

Insight

Published: October 13, 2020

Authors: Alizeh Virani, Mahdi Shams, Negina Khalil

Categories: Aboriginal, Cannabis

The British Columbia government is developing new direct delivery and farm-gate sales programs to assist small scale cannabis producers gain a foothold into the retail market. These programs will enable Health… Read More

Image for Pollution Fines Far Outweigh the Cost of Implementing a Pollution Prevention Policy

Pollution Fines Far Outweigh the Cost of Implementing a Pollution Prevention Policy

Insight

Published: October 1, 2020

Authors: Sean Jones, Katie Bellett

Categories: Aboriginal, Environmental

The B.C. Supreme Court sent a strong message to polluters this summer: there will be a heavy fine to pay for anyone who is caught negligently polluting. In R v. University… Read More

Image for Unprecedented Coalition of First Nations and Commercial and Sport Fishers Calls for Removal of Fish Farms

Unprecedented Coalition of First Nations and Commercial and Sport Fishers Calls for Removal of Fish Farms

Insight

Published: September 22, 2020

Author: Sean Jones

Categories: Aboriginal

On September 22, an unprecedented coalition of First Nations, commercial fishers, sport fishers, wilderness tourism organizations and environmental non-governmental organizations (“ENGO’s”) called for Fisheries and Oceans Canada (“DFO”) to remove… Read More

Image for The B.C. Court of Appeal Re-affirms Treaty Rights Do Not Trump the Duty to Consult

The B.C. Court of Appeal Re-affirms Treaty Rights Do Not Trump the Duty to Consult

Insight

Published: September 15, 2020

Authors: Sean Jones, Katie Bellett

Categories: Aboriginal

The B.C. Court of Appeal’s (the “BCCA”) recent decision in Gamlaxyeltxw v. British Columbia (Minister of Forests, Lands & Natural Resource Operations) 2020 BCCA 215 (“Gamlaxyeltxw”) affirmed the Crown’s duty… Read More

Image for B.C. Indigenous Agriculture Development Program to Support Indigenous Entrepreneurs with a New Stream of Funding

B.C. Indigenous Agriculture Development Program to Support Indigenous Entrepreneurs with a New Stream of Funding

Insight

Published: July 13, 2020

Author: David M. Overall

Categories: Aboriginal, Agriculture & Food

This blog was prepared with the assistance of Angalee Ghirra, summer law student. On June 30, 2020 the Government of Canada and Government of British Columbia announced a new funding stream… Read More

Image for Project Finance in Uncertain Times: New Opportunities for Indigenous Renewable Energy Projects?

Project Finance in Uncertain Times: New Opportunities for Indigenous Renewable Energy Projects?

Insight

Published: May 15, 2020

Authors: Chad Eggerman, David M. Overall, Caolan Lemke

Categories: Aboriginal, COVID-19, Energy

The severe disruption caused by the COVID-19 pandemic has forced governments across the country to rapidly expand funding programs and contemplate a massive increase in infrastructure spending in the post-pandemic… Read More

Image for Changes to the First Nation Election Rules: Questions Surrounding Indigenous Rights of Self-Determination Remain Unresolved

Changes to the First Nation Election Rules: Questions Surrounding Indigenous Rights of Self-Determination Remain Unresolved

Insight

Published: April 13, 2020

Authors: Drew Lafond, Sonia Eggerman, Josh Morrison

Categories: Aboriginal, COVID-19

Many First Nations across Canada have been faced with the unenviable situation of having to hold regularly scheduled band council elections due to the impacts of COVID-19. Operating under the confines… Read More

Image for Temporary Layoffs During COVID-19 — Key Considerations for First Nation Employers

Temporary Layoffs During COVID-19 — Key Considerations for First Nation Employers

Insight

Published: April 13, 2020

Authors: Benjamin Young, Colleen Verville, Q.C., Sanjana Ahmed

Categories: Aboriginal, COVID-19, Labour & Employment

As provinces proceed to shut down non-essential services in response to the COVID-19 pandemic, First Nation employers in Canada are facing difficult decisions regarding their workforce, including the difficult decision… Read More

Image for Potential Impact of COVID-19 on First Nation Funding Agreements

Potential Impact of COVID-19 on First Nation Funding Agreements

Insight

Published: April 9, 2020

Author: Drew Lafond

Categories: Aboriginal, COVID-19

First Nation communities that typically rely on funding from the Federal Government are concerned that the funding amounts they have agreed upon with the Federal Government will be substantially decreased… Read More