Indigenous Insights

Image for Minister Announces Discovery Islands Open-Net Fish Farms Phase Out

Minister Announces Discovery Islands Open-Net Fish Farms Phase Out

Insight

Published: December 18, 2020

Authors: Sean Jones, Katie Bellett

Categories: Indigenous

The Minister of Fisheries, Oceans and the Canadian Coast Guard (the “Minister”) announced on December 17, 2020 that Fisheries and Oceans Canada (“DFO”) will begin phasing out existing salmon farms… Read More

Image for Supreme Court of Canada Hears Argument in Historic Flooding Case

Supreme Court of Canada Hears Argument in Historic Flooding Case

Insight

Published: December 9, 2020

Authors: Jessica Buhler, Meaghan Conroy, Rangi Jeerakathil

Categories: Indigenous

The Supreme Court of Canada recently heard Lac Seul First Nation’s (“LSFN”) arguments in its appeal of the Federal Court of Appeal’s decision in Southwind v. Canada. The Supreme Court of… Read More

Image for Bill C-15: Canada Announces New Legislation to Implement UNDRIP

Bill C-15: Canada Announces New Legislation to Implement UNDRIP

Insight

Published: December 8, 2020

Authors: Sonia Eggerman, Jessica Buhler, Rangi Jeerakathil, Sean Jones

Categories: Indigenous

On December 3, 2020, the Government of Canada introduced legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). UNDRIP In 2007,  United Nations General Assembly adopted UNDRIP… Read More

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: Indigenous, 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

Categories: Cannabis, Indigenous

Authors: Alizeh Virani, Mahdi Shams, Negina Khalil 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… 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: Environmental, Indigenous

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: Indigenous

On September 22, an unprecedented coalition of First Nations, commercial fishers, sport fishers, wilderness tourism organizations and environmental non-governmental organizations (ENGOs) 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: Indigenous

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

Categories: Agriculture & Food, Indigenous

Authors: David M. Overall 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

Author: Chad Eggerman

Categories: COVID-19, Energy, Indigenous

Authors: Chad Eggerman, David M. Overall, Caolan Lemke The severe disruption caused by the COVID-19 pandemic has forced governments across the country to rapidly expand funding programs and contemplate a massive… Read More