Tag Archives: aboriginal rights

B.C. court acknowledges the costs of Free Entry mining system – what does it mean for Indigenous peoples in Ontario?

November 22, 2023aboriginal rights, environmental law, mining lawjgbrown

Author: Julia Brown A recent decision from the Supreme Court of British Columbia on mineral exploration may be useful to Indigenous peoples in Ontario arguing that they are entitled to deeper consultation and accommodation in the context of early mineral exploration activities. In Gitxaala v British Columbia (Chief Gold Commissioner) (“Gitxaala”), the Court was asked […]

Mikisew Cree First Nation v Canada: a missed opportunity on the path toward reconciliation

January 13, 2019aboriginal rights, consultation, duty to consult, Indigenous, mikisew, reconciliation, Treaty rights, UNDRIPjfisch

By Yvonne Mazurak The Crown has a legal obligation to consult with Indigenous peoples when its actions may negatively affect their constitutionally-protected rights. This duty to consult and accommodate was established by Haida Nation v British Columbia and is based on the principle of the honour of the Crown, which requires the Crown to act […]

Can a National Park And Its Trees And Animals Have Rights? Yes! Argues Maliseet Grand Council

January 2, 2019aboriginal rights, Indigenous, judicial review, maliseet, mount carleton provincial park, new brunswick, rights of nature, treaty interpretationjfisch

By: Christina Persaud The Maliseet put forth a novel “Rights of Nature” argument, opposing Mount Carleton Snowmobile Hub In July 2015, the Government of New Brunswick announced plans to build a $1.4M snowmobile grooming hub at Mount Carleton Provincial Park. The motivation for developing this infrastructure is to promote the tourism sector, increasing the number […]