Background In 2020, Mikisew Cree First Nation and Athabasca Chipewyan First Nation – two Treaty 8 First Nations with territory in the Athabasca oil sands region – launched a Read More
Too Much Discretion, Not Enough Meaningful Consultation: British Columbia’s Bill 15 and DRIPA
Introduction/Overview British Columbia’s Bill 15, the Infrastructure Projects Act, has passed second reading, despite scrutiny and criticism from Indigenous leaders. If passed, Bill 15 would empower the provincial government Read More
British Columbia’s Bill 15: Expediting Projects at the Expense of Indigenous Rights and Reconciliation
Introduction The government of British Columbia is trying to pass Bill 15, the Infrastructure Projects Act, by the end of May 2025. The proposed legislation would empower BC’s NDP Read More
Ontario’s Bill 5: Economic Ambition Meet Constitutional Duty – The Inevitable Delays Arising from the Honour of the Crown and Environmental Integrity
Introduction The Government of Ontario’s Bill 5, “Protect Ontario by Unleashing our Economy Act, 2025” is an omnibus bill that will amend or repeal several pieces of legislation. For Read More
Implementing the United Nations Declaration on the Rights of Indigenous Peoples: the Kebaowek Case
Introduction On February 19, 2025, the Federal Court released an important decision (Kebaowek First Nation v Canadian Nuclear Laboratories) regarding Canada’s commitments under the United Nations Declaration on the Read More
Supreme Court of Canada Confirms Crown-Indigenous Contracts can Engage the Honour of the Crown: Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan, 2024 SCC 39
On November 27, 2024, the Supreme Court of Canada (“SCC” or “Court”) released a decision regarding on-reserve policing (“the Decision”) that is likely to have important consequences for Indigenous Read More
Should Contingency Fee Agreements be contingent on independent legal advice? The Ontario Superior Court in Nootchtai v Nahwegahbow Corbiere Genoodmagejig weighs in
Decision Overview On October 31, 2024, the Ontario Superior Court released an important decision ordering the review by the Court of the $510 million contingency fee charged by the Read More
Court Orders Advance Costs in Decade-Long Litigation over Treaty 6 Rights
Overview On August 30, 2024, the Court of King’s Bench of Alberta (the “Court”) released its decision awarding advance costs in the amount of $1.5 million a year to Read More