Earlier today the Supreme Court of Canada released two decisions regarding the role of the National Energy Board in the fulfillment of the Crown’s duty to consult and accommodate potential impacted Indigenous Nations. In Clyde River (Hamlet) v. Petroleum Geo‑Services Inc. 2017 SCC 40, the Court found in favour of the appellants, the Inuit of… Read more »
Category: Supreme Court Decisions
ALG note re Tsilhqot’in decision from Supreme Court of Canada
In an unprecedented, unanimous decision written by the Chief Justice, the Supreme Court of Canada unequivocally held that a First Nation, in this case the Tsilhqot’in Nation, successfully established Aboriginal title to its claimed area. In so doing, the decision provides a clear and substantive framework for establishing Aboriginal title, the rights Aboriginal title confers and the application of provincial laws of general application to land held under Aboriginal title – all within the backdrop of recognizing and requiring a culturally sensitive approach.