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Environmental Assessment Dispute Resolution Regulations Officially Announced in British Columbia

On 9 July 2024, British Columbia announced that new regulations under the Environmental Assessment Act (EAA or Act) came into force to support the dispute resolution process available to Indigenous nations or the chief...more

Impact Assessment Act Amendments Announced: Many Questions Still Left Unresolved

On April 30, 2024, the Government of Canada announced widely-anticipated amendments to the Impact Assessment Act (IAA or Act) as part of a 663 page omnibus budget bill. Canada announced the 2024 budget with the tagline...more

B.C. and Haida Nation Release Haida Title Lands Agreement

On March 28, 2024, British Columbia and the Council of the Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement (“Draft Agreement”) which would recognize Haida Nation’s...more

Blueberry River First Nation, Treaty 8 First Nations and Province of British Columbia Sign Historic Agreements

On January 18, 2023, the Province of British Columbia (Province) and the Blueberry River First Nation (BRFN) signed the Blueberry River First Nation Implementation Agreement (Implementation Agreement)....more

British Columbia Releases Guidance on Consultation With Indigenous Peoples in Policy and Legislative

On 4 October 2022, the Government of British Columbia released its policy guidance entitled Interim Approach to Implement the Requirements of Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Interim...more

Revisiting Advance Costs for Public Interest Litigation: Beaver Lake Cree Nation Case

On March 18, 2022, the Supreme Court of Canada issued a decision in Anderson v Alberta [Beaver Lake Cree] that elaborates on the test for awarding advance costs to offset the expenses of public interest litigants. The...more

Blueberry River First Nation and the Government of British Columbia Reach Historic Interim Agreement

On October 7, 2021, the Blueberry River First Nation (BRFN) and the Province of British Columbia (Province) reached an initial agreement in response to the recent court decision in Yahey v British Columbia [Yahey]. The...more

Recent Developments in Aboriginal Law: Cumulative Effects, Equitable Compensation and Duty to Consult

Three important decisions relating to Indigenous peoples across Canada have been issued recently: Yahey v British Columbia, Southwind v Canada and Ermineskin Cree Nation v Canada (Environment and Climate Change). The three...more

Indigenous Persons from the United States May Hold Aboriginal Rights in Canada

On April 23, 2021, the Supreme Court of Canada (SCC) released its decision in R. v. Desautel, 2021 SCC 17, which upheld the lower court decisions to acquit Richard Desautel of charges under the Wildlife Act. The SCC confirmed...more

Memorandum of Understanding on Wet'suwet'en Rights and Title—An Ambitious Plan

On May 14, 2020, British Columbia, Canada and the Wet’suwet’en Hereditary Chiefs signed memorandum of understanding (MOU) that establishes a process for the “three equal governments” to negotiate agreements on how to...more

British Columbia's UNDRIP Legislation—A Framework to Advance Reconciliation

On October 24, 2019, the British Columbia (B.C.) government introduced Bill 41 – 2019, Declaration on the Rights of Indigenous Peoples Act, fulfilling its February 2019 announcement that it would table legislation...more

Lax Kw’alaams Legal Challenge to the Federal Oil Tanker Moratorium on Canada’s West Coast

On March 22, 2018, the Lax Kw’alaams Indian Band and the Nine Tribes of the Lax Kw’alaams (Lax Kw’alaams) filed a legal challenge against Canada and British Columbia based on Canada’s action to impose an oil tanker moratorium...more

The Creation of the Canadian Energy Regulator

This article supplements our multi-part series on changes to Canada’s regulatory regime governing project development and operation in Canada. This post summarizes the proposal to establish the Canadian Energy Regulator...more

Ktunaxa Nation v. British Columbia: The Duty to Consult and Protecting Religious Freedom Rights

On November 2, 2017, the Supreme Court of Canada released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54. This case dealt with a novel argument related to the...more

The Nenqay Deni Accord: The People’s Accord – Framework to Break New Ground by Reconciling the Past

The next step in the Tsilhqot’in Nation’s journey to self-government was taken on February 11, 2016, when the Tsilhqot’in Nation and the Province of British Columbia signed the Nenqay Deni Accord: The People’s Accord. The...more

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