Native Legal Win #190

There’s little doubt that the native legal winning-streak will attain # 200 in 2014. Here’s legal win # 190, notable as it’s in Treaty 8, the treaty that hosts the oilsands: Implications for Alberta’s Oilsands (external link). The oilsands implication is this: the court spends pages reviewing and summarizing Treaty 8 legal precepts (duty to consult, honour of the crown, and key...

Read More – William Case Could Profoundly Affect Development In Canada

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

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...

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Will the Canadian Native Legal Winning Streak Hit 200?

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...

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

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...

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Beaver Lake Cree Nation’s Remarkable Legal Win #180

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...

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