Navigating Lease Creation on Reserve Land By Melodi Alopaeus For many First Nations, engagement with third-party developers presents a strategic opportunity for economic advancement in their communities. Development on a First Nation reserve is a unique undertaking...
Case Brief: Canada (Attorney General) v. First Nations Child and Family Caring Society of Canada, 2021 FC 969
Case Brief: Canada (Attorney General) v. First Nations Child and Family Caring Society of Canada, 2021 FC 969 By Courtney Jacklin and Kajia Eidse-Rempel What this case is about This case is about the compensation owed to Indigenous children as a result of system...
Case Brief: Snaw-Naw-As First Nation v. Canada (Attorney General), 2021 BCCA 333
Case Brief: Snaw-Naw-As First Nation v. Canada (Attorney General), 2021 BCCA 333 By Christopher Devlin and Courtney Jacklin What this case is about In 1912, the federal government granted a right of way to the E&N Railway Company through Snaw-naw-as First Nation’s...
DGW and Aboriginal Law: Reflections from DGW’s 2021 Indigenous Summer Intern
Sayre Potter was DGW Law’s 2021 intern for our Indigenous Student Internship program. After a summer in Victoria, Sayre shares some of his experience below. As I began my first day at DGW, in the middle of the third wave of COVID-19 infections, there was a sense of...
Case Brief: Kwikwetlem First Nation v. British Columbia, 2021 BCCA 311
Case Brief: Kwikwetlem First Nation v. British Columbia, 2020 BCCA 311 By Courtney Jacklin and John Gailus What this case is about In 2016, the Kwikwetlem First Nation (“KFN”) filed a notice of civil claim seeking, among other things, a declaration of Aboriginal title...
Case Brief: Ermineskin Cree Nation v. Canada (Environment & Climate Change), 2021 FC 758
Case Brief: Ermineskin Cree Nation v. Canada (Environment & Climate Change), 2021 FC 758 By John Gailus and Sayre Potter What this case is about Ermineskin Cree Nation (“Ermineskin”) is an Indian band and a signatory to Treaty 6. Ermineskin’s traditional...
Case Brief: Southwind v. Canada, 2021 SCC 28
Case Brief: Southwind v. Canada, 2021 SCC 28 By Christopher Devlin and Kajia Eidse-Rempel What this case is about In 1929 Canada authorized the flooding of the Lac Seul First Nation (“Lac Seul”) reserve in northern Ontario for the purpose of a hydroelectric dam,...
Section 119 Agreements: Indigenous Nations Negotiate Exemptions from BC’s Cannabis Legislation
Section 119 Agreements: Indigenous Nations Negotiate Exemptions from BC’s Cannabis Legislation By Tanner Doerges Many Indigenous nations across British Columbia are pursuing economic development through cannabis businesses both on- and off-reserve. Some nations have...
Case Brief: Yahey v. British Columbia, 2021 BCSC 1287
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...
UNDRIP is Law, the Time for Meaningful Action is Now
UNDRIP is Law, the Time for Meaningful Action is Now by Kajia Eidse-Rempel On June 16, 2021, the Senate passed legislation that commits Canada to taking “all measures necessary” to align Canadian laws with the United Nations Declaration on the Rights of Indigenous...