Indigenous Insights

Image for SCC clarifies historic Treaty interpretation & the Crown’s duty to diligently implement Treaty promises

SCC clarifies historic Treaty interpretation & the Crown’s duty to diligently implement Treaty promises

Insight

Published: August 2, 2024

Authors: Jessica Buhler, Rangi Jeerakathil, Meaghan Conroy, Josh Morrison, Sonia Eggerman, Erica Klassen

Categories: Indigenous

On July 26, 2024, the Supreme Court of Canada (SCC) released its decision in Ontario (Attorney General) v Restoule. The SCC unanimously held that Canada and Ontario had breached their … Read More

Image for Canada and Ontario Breached Duty to Diligently Implement Treaty Promises

Canada and Ontario Breached Duty to Diligently Implement Treaty Promises

Insight

Published: July 30, 2024

Authors: Jessica Buhler, Rangi Jeerakathil, Meaghan Conroy, Josh Morrison, Sonia Eggerman, Erica Klassen

Categories: Indigenous

On Friday, the Supreme Court of Canada ruled that Canada and Ontario dishonourably breached Treaty promises to the First Nation signatories to the Robinson Treaties of 1850. The Anishinaabe of the … Read More

Image for Canada to provide $5 billion in loan guarantees through Indigenous Loan Guarantee Program

Canada to provide $5 billion in loan guarantees through Indigenous Loan Guarantee Program

Insight

Published: May 7, 2024

Authors: Billie Fortier, Chris Nyberg, Thomas Collopy, Stephanie Symonds-D'Arcey, Reagan Munro

Categories: Energy, Indigenous

The Government of Canada recently released the 2024 federal budget (“Budget 2024”), which includes various new and ongoing commitments by it with the aim of supporting economic reconciliation. Specifically, Budget 2024 … Read More

Image for Eyeballing Budget 2024 from an energy perspective

Eyeballing Budget 2024 from an energy perspective

Insight

Published: April 30, 2024

Authors: Scott Masson, Thomas Collopy, Andrew Konopelny

Categories: Energy, Environmental, Indigenous

Authors: Ken Tennenhouse, Scott Masson, Thomas Collopy, Andrew Konopelny, Jilian Stefanson Federal Budget 2024 is overall less aggressive than other recent budgets in the area of energy and renewable energy, in many cases reiterating commitments … Read More

Image for Supreme Court of Canada issues declaratory relief in favour of Blood Tribe

Supreme Court of Canada issues declaratory relief in favour of Blood Tribe

Insight

Published: April 15, 2024

Authors: Jessica Buhler, Meaghan Conroy, Rangi Jeerakathil, Josh Morrison, Erica Klassen

Categories: Indigenous

Authors: Jessica Buhler, Meaghan Conroy, Rangi Jeerakathil, Josh Morrison, Erica Klassen, Jorie Halcro Blood Tribe’s claim is barred by statute of limitations, but Canada’s conduct was “deplorable.” The Blood Tribe has long maintained that it did not receive … Read More

Image for SCC upholds self-governing First Nation’s residency requirement for elected councillors

SCC upholds self-governing First Nation’s residency requirement for elected councillors

Insight

Published: April 11, 2024

Authors: Jessica Buhler, Meaghan Conroy, Amyn F. Lalji, Erica Klassen

Categories: Indigenous

Authors: Jessica Buhler, Meaghan Conroy, Amyn F. Lalji, Erica Klassen, Jorie Halcro Charter applies to Nation but Section 25 gives collective rights primacy over individual rights. On March 28, 2024, the Supreme Court of Canada (SCC) released … Read More

Image for Canada Labour Code changes and impacts on First Nations

Canada Labour Code changes and impacts on First Nations

Insight

Published: April 8, 2024

Authors: Benjamin Young, K. Colleen Verville, K.C.

Categories: Indigenous, Labour & Employment

Amendments to the Canada Labour Code Impacting federally regulated employers, including First Nations and other entities within or associated with First Nations, the Canadian Labour Code (the Code) has been amended … Read More

Image for British Columbia’s Critical Minerals Strategy positions the province to meet demand

British Columbia’s Critical Minerals Strategy positions the province to meet demand

Insight

Published: April 8, 2024

Authors: Britt Redenbach, Steven Meng, Jesse Hines

Categories: Corporate Finance & Securities, ESG, Indigenous, Mining & Natural Resources

The move to low carbon technology and technological developments is spurring global demand for critical minerals – leading to predictions of long-term shortages of minerals that are essential components for … Read More

Image for Uncovering past wrongs: Understanding specific claims in Canada

Uncovering past wrongs: Understanding specific claims in Canada

Insight

Published: March 18, 2024

Authors: Jessica Buhler, Laura Schaan, Erica Klassen, Rangi Jeerakathil, Josh Morrison, Sonia Eggerman

Categories: Indigenous

A specific claim involves an allegation that Canada breached or did not fulfil a legal obligation flowing from Treaty, the Indian Act, or a legislative or fiduciary obligation owed to … Read More

Image for Superior Court of Québec decision signals significant change in approach to Aboriginal rights

Superior Court of Québec decision signals significant change in approach to Aboriginal rights

Insight

Published: February 27, 2024

Authors: Jessica Buhler, Billie Fortier, Erica Klassen, Bradley Allen

Categories: Indigenous

In the recent case of R c Montour, 2023 QCCS 4154, the Superior Court of Québec made a significant departure from the foundational principals governing Aboriginal rights in Canada, which … Read More