Indian Summer: Cross Country Checkup

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...

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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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Corporate & Native Resource Update: February 2013 Mid Report

Mid-February 2013 Report: Corporate – Crown – Native – Resource Issues from the perspective of Resource Rulers: Fortune and Folly on Canada’s Road to Resources   Keystone XL, Obama, Oilsands: Resource Rulers readers have already seen how Treaty 1 strategists raced to the White House (after a legal challenge in which CAPP stated in filed documents that it was ‘adverse...

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Corporate & Native Resource Update: January 2013

January 2013 Report: Corporate – Crown – Native – Resource Issues from the perspective of Resource Rulers: Fortune and Folly on Canada’s Road to Resources   Chief Theresa Spence / native legal winning streak: During her 45 day fast, natives won five high-level court rulings in BC, Yukon, Manitoba, Ottawa; they advanced to the Supreme Court of Canada on a key land title...

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Corporate & Native Resource Update: January 2013 Mid Report

Mid-January 2013 Report: Corporate – Crown – Native – Resource Issues from the perspective of Resource Rulers: Fortune and Folly on Canada’s Road to Resources Drums along the Rideau: Within the first month of Chief Theresa Spence’s ‘hunger strike’, natives won five superior court rulings relating to resources and native empowerment. (The first three were profiled in my...

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