All posts tagged: aboriginal peoples

Supreme Court of Canada clarifies duty to consult

Published by Luis Millán

The Supreme Court of Canada shed new light on the Crown’s constitutional duty to consult with Aboriginal communities and clarified the role and obligation of decision-making bodies in two separate decisons that has the potential of providing greater predictability for natural resources companies seeking regulatory approval.

In companion decisions, the nation’s highest court handed mixed results to Inuit and First Nations groups who challenged decisions by the National Energy Board (NEB), a regulatory agency.

Appeal court postpones ruling that would have suspended Indian status registrations

Published by Luis Millán

The Quebec Court of Appeal granted a safeguard order today that temporarily postpones a court ruling that would have suspended new Indian status registrations as of July 4th.

Quebec Court of Appeal Justice Nicholas Kasirer granted the Attorney General of Canada leave to appeal from a June 27th decision that refused to extend for a second time the suspension of its August 3, 2015 judgment that found that the principal registration provisions of the Indian Act were invalid because it breached s.15 of the Canadian Charter of Rights and Freedoms.

Appeal court endorses primacy of treaty rights

Published by Luis Millán

In yet another forceful reminder that the Crown must hold consultations that are meaningful, conducted in good faith and held with an open mind, the Quebec Court of Appeal strongly endorsed the primacy of treaty rights of aboriginal peoples under the James Bay and Northern Québec Agreement in a decision widely expected to have ramifications across the country.