Case Brief: Yahey v. British Columbia, 2021 BCSC 1287 By Christopher Devlin and Kajia Eidse-Rempel What this case is about Blueberry River First Nations (“Blueberry”) brought a claim against the Province of British Columbia (“Province”) alleging the cumulative effects...
Case Brief: R. v. Desautel, 2021 SCC 17
Case Brief: R. v. Desautel, 2021 SCC 17 By John Gailus and Lorenzo Rose What this case is about When Canada’s border with the United States was extended to the Pacific Ocean in 1846, the colonial governments did so with no consideration of the territories and...
Federal Budget 2019 includes long overdue loan reimbursement for Indigenous groups
Federal Budget 2019 includes long overdue loan reimbursement for Indigenous groups The federal government tabled Budget 2019 on Tuesday ahead of October’s federal election. A quarter of new spending is earmarked for Indigenous services; $4.5 billion is promised over...
A New Approach to Dispute Resolution with Indigenous Peoples
Former Attorney General of Canada Leaves Legacy of a New Approach to Dispute Resolution with Indigenous Peoples Christopher Devlin and Caitlin Stockwell, Articled Student January 18, 2019 On January 11, 2019, the former Attorney...
Case Brief: Restoule v. Canada (Attorney General), 2018 ONSC 7701
Case brief of December 21, 2018, ruling by Justice Patricia Hennessy of the Ontario Superior Court of Justice in the Restoule v. Canada (Attorney General?, 2018 ONSC 7701 case.
Does Canada need to increase the annuity to the Anishinaabe of the upper Great Lakes region from the $4 per year that was set in 1850?
The annuity augmentation clause suggests that it does and the increase is long overdue.
Christopher Devlin on APTN Investigates
Christopher Devlin was recently interviewed by APTN for their episode of APTN Investigates: Cows and Plows. In this episode, APTN explores what exactly gave rise to the Agricultural Benefits claims, hears concerns from payout recipients, and discusses how First...
Case Brief: Gamlaxyeltxw v. British Columbia (Minister of Forests, Lands & Natural Resource Operations), 2018 BCSC 440
Aboriginal Rights in Conflict: First in Time, First in Right? Gamlaxyeltxw v. British Columbia (Minister of Forests, Lands & Natural Resource Operations), 2018 BCSC 440 In Gamlaxyeltxw, Justice Sharma of the British Columbia Supreme Court addressed the novel issue...
Case Brief: First Nation of Nacho Nyak Dun v. Yukon, 2017 SCC 58
CASE BRIEF First Nation of Nacho Nyak Dun v. Yukon, 2017 SCC 58 On December 1, 2017, the Supreme Court of Canada allowed the appeal of the Nacho Nyak Dun (the “First Nation”) regarding the approval of land use plan for the Peel Watershed in the Yukon. While the case...
Case Brief: West Moberly First Nations v. British Columbia, 2017 BCSC 1700
Case Brief – West Moberly First Nations v. British Columbia, 2017 BCSC 1700 The BC Supreme Court has declared that the western boundary of Treaty No. 8 lies along the Arctic-Pacific divide – something that the Treaty 8 First Nations have known since 1899 but British...