Blog – William Case Could Profoundly Affect Development In Canada

Posted by on Jan 20, 2014 in Articles, Court cases, Law, Uncategorized | 0 comments

Later this year, the Supreme Court of Canada will decide on the next major land title ruling (R v Roger Williams). Read why it’s sure to be contentious. Read the Full Article

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Royal Proclamation of 1763: a Resource Rulers perspective

Posted by on Oct 6, 2013 in Government, History, Resource Rulers, Uncategorized | 0 comments

October 07 2013 marks the 250th anniversary of the Royal Proclamation.   When it was decreed in 1763: a) England had conquered France in the Seven Years War; b) the Treaty of Paris had just concluded ceding Quebec to the victors; c) and a British military governor was already ensconced in Quebec with an occupying army. The trouble was that the French population of New France outstripped the English population by a factor of 100:1.  Moreover since that population had been grossly abused in the war’s closing chapters, the resulting peace...

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Ontario’s Mining Albatross: Ring of Fire on life-support for years to come

Posted by on Sep 14, 2013 in Court cases, Government, Law, Mining, Natural Resources, Uncategorized | 2 comments

The opening sentence of the latest legal ruling emanating from the James Bay lowlands says it all: “The north is not a quiet place”. That’s because throughout this 43-page ruling it’s the lawyers who are profiled in full court press in what is a tour de force of no-holds-barred resource sector litigating. They’re the sole reason the north is not a quiet place; because when the dust settles, this ruling will make the Ring of Fire quieter than a subarctic winter’s night for years to come. To cut to the chase, Cliff’s Natural...

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Recent Media References and Commentary 2013

Posted by on Sep 12, 2013 in Articles, Public Relations, Resource Rulers, Uncategorized | 0 comments

Resource Rulers continues to garner media commentary right across the country. It’s been available on Amazon since January 2013 when its arrival coincided with: a) the breakdown in dialogue between the AFN and the PMO, b) Chief Spence’s ‘hunger strike’ and resulting media frenzy, c) and the surprising rise of the grassroots ‘Idle No More’ protest movement. In fact, the combination of these three factors caused the national and regional native leadership to collectively  ‘head for the hills’  (to co-opt a term coined by a...

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Indian Summer: Cross Country Checkup

Posted by on Aug 28, 2013 in Government, Natural Resources, Resource Rulers, Resource Update, Uncategorized | 0 comments

Here’s the corporate / native scorecard as the dog days of summer wind down. It’s not just rust that never sleeps; native strategists have never been busier: Labrador Two native lawsuits recently launched challenging Nalcor’s Muskrat Falls hydropower project. Of special interest is Nunatsiavut’s assertion of the (less litigated) duty to accommodate. The other suit is NunatuKavut (Labrador Metis) asserting shortcomings in the duty to consult. These two lawsuits arrive at a critical juncture for this hotly-debated project given: 1)...

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Will the Canadian Native Legal Winning Streak Hit 200?

Posted by on Aug 4, 2013 in Articles, Court cases, Government, Natural Resources, Resource Update, Uncategorized | 0 comments

Many commentators are saying that the courts are tightening up and that the native legal winning streak will be harder to maintain in future legal challenges. They could be right but then again they could be wrong – big time! I recently cautioned that natives need to be more judicious in some of the cases that they are advancing and have warned them of over-reaching (recently they incurred three losses in a row – in my view – all in legal actions that may not have furthered their social justice causes). Still they...

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Three more legal wins in July – Native winning-streak now at 185

Posted by on Aug 4, 2013 in Articles, Court cases, Mining, Natural Resources, Resource Update, Uncategorized | 0 comments

July 02 – #183 – ‘modern right to fish and sell fish’ For the second time in two years, the BC Court of Appeal has ruled that the Nuu-chah-nulth (NCN) have “a modern right … to fish and sell fish”. Again this ruling is from the National Chief’s home town, making Shawn Atleo unique in being a two-time winner in the annals of the native legal winning streak. And in this second ruling, the highest court in the province actually made a point of highlighting the Crown’s dubious legal strategy: [32] It should be recalled...

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Beaver Lake Cree Nation’s Remarkable Legal Win #180

Posted by on Jun 14, 2013 in Court cases, Law, Oil & Gas, Resource Rulers, Uncategorized | 0 comments

Analysis with Bill Gallagher, Lawyer / Strategist Author of Resource Rulers: Fortune and Folly on Canada’s Road to Resources After 5 years of legal sparring during which the oil patch used every option available to prevent this oil sands ‘cumulative impacts’ case from advancing to trial, that’s now going to happen, and it’s interesting to note the tone of the highest court in the province finally putting an end to the procedural wrangling: [59]    The appeals are therefore dismissed in their entirety. The parties will be...

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Rules for Downhillers

Posted by on Jun 10, 2013 in Articles, Court cases, Law, Uncategorized | 0 comments

Rules for Downhillers

It’s not every legal decision that comes with its very own downhill ski diagram. You know, what they give you when you buy your lift ticket. But that’s what’s tacked on to the latest BC ruling (a native legal loss) and if ever there was a picture worth 1000 words – this is it. See that area highlighted as “Coming Soon” – that’s the basis for the latest Adams Lake First Nation’s legal challenge respecting its “claims to Mount Morrisey” – also known as Sun Peaks Resort. Putting aside for the moment the rights...

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Rules for Annual General Meetings

Posted by on Jun 10, 2013 in Articles, Oil Sands, Uncategorized | 0 comments

May has ushered in another season of Annual General Meeting (AGM) playoffs: where typically the corporate-side has to follow the rule-book, thus setting up the eco-activist and native sides to do their thing.  Already the 2013 season has been particularly rough on the resources sector: no less than three corporate executives walked-the-plank this month alone in the aftermath of AGMs – oil sands / mining / hydropower – the common theme being problems their projects were encountering with natives. Of course the high water mark was...

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