News & Publications Results

On March 5, 2010, British Columbia Hydro and Power Authority closed the $825 million purchase from Teck Metals Ltd. of a 1/3 interest in Teck’s 493 megawatt Waneta Dam in south-eastern British Columbia.

Lawson Lundell LLP is pleased to announce that Orlagh O'Kelly is the 2009 winner of the annual Lawson Lundell LLP Prize in Aboriginal Law.

Presentation given at Insight Information's 2nd Annual Conference on Heavy Oil Refining - Business Case and Environmental Sustainability, held in Edmonton, Alberta on May 30, 2008.

A discussion of three recent decisions in the Yukon Supreme Court, the Federal Court of Canada and the Supreme Court of British Columbia, and their impact on the duty to consult and accommodate Aboriginal peoples; the environmental assessment of a proposed mining project; and Aboriginal title and rights.

After 339 days of hearings over five years, and at a cost of almost $30 million, a court in British Columbia has expressed its opinion that the Tsilhqot'in Nation has aboriginal title to approximately 2,000 square kilometres of land, but stopped short of making that opinion legally binding by granting a declaration of aboriginal title.

On November 21, 2007, the Supreme Court of British Columbia released the decision of Mr. Justice Vickers in Tsilhqot'in v. British Columbia.

The Federal Court of Canada's decision in Ahousaht First Nation v. Canada (Fisheries and Oceans) is significant in that it emphasizes the reciprocal duty of First Nations in the consultation process, clarifies the nature of that duty and provides commentary on what comprises adequate and appropriate consultation.

The Sappier Decision: Supreme Court of Canada Recognizes Aboriginal Right to Timber for Domestic Purposes and Clarifies Requirements for Establishing an Aboriginal Right.

Two Supreme Court of Canada November 2004 landmark decisions provide a preliminary outline of the parameters of the Crown’s duty to consult and, where appropriate, accommodate Aboriginal peoples in circumstances where Aboriginal interests have been asserted, but not proven. The decisions also provide a framework for Aboriginal consultation activity related to potential infringements of Aboriginal rights caused by land and resource development activities.

Enacted in 1990, the Metis Settlements Act proposed a statutory framework which addressed the desire of Metis for legal recognition of their settlement land base and their corresponding desire for self government and control over that land base. The effect of the legislation has been to provide Metis people with a voice in how oil and gas operations are conducted on settlement lands.

Aboriginal rights, title and treaty issues are one of the most significant legal issues currently facing the oil and gas industry in Western Canada. This paper provides an overview of the current legal context respecting aboriginal rights, title and treaty issues in Western Canada and its impact on the oil and gas industry. It also includes some comments on one commonly used means to reduce uncertainty in relation to consultation issues, namely, impact and benefit agreements.

A review of the Courts’ approach to the concepts of consultation, accommodation, and justification in the post-treaty context. This consideration will begin with the numbered treaties and then compare the approach to consultation that appears to be reflected in modern land claims agreements and treaties, including the various agreements-in-principle currently under negotiation under the auspices of the British Columbia Treaty Commission. Essentially, the issue under consideration is how, and to what extent, the concepts of consultation, accommodation and justification may continue to apply with respect to land and resource decisions on Crown land in the post-treaty context.

The Mikisew Cree Decision: Balancing Government’s Power to Manage Lands and Resources with Consultation Obligations under Historic Treaties.

A review of the approach of the Courts (and the issues currently before the Courts) to the concepts of consultation, accommodation, and justification in the post-treaty context—specifically in relation to the numbered treaties. In addition, we consider the approach to consultation that appears to be reflected in modern land claims agreements and treaties.

Two Supreme Court of Canada November 2004 landmark decisions provide a preliminary outline of the parameters of the Crown’s duty to consult and, where appropriate, accommodate Aboriginal peoples in circumstances where Aboriginal interests have been asserted, but not proven. The decisions also provide a framework for Aboriginal consultation activity related to potential infringements of Aboriginal rights caused by land and resource development activities. These decisions are also significant for practitioners of administrative law given the Supreme Court’s reliance upon administrative law principles.

On July 20, 2005 the Supreme Court of Canada overturned Court of Appeal decisions from New Brunswick and Nova Scotia finding that Mi’kmaq people have a treaty right to harvest timber for commercial purposes. In so doing, the Court also provided guidance on how to assess aboriginal title claims. The decision is therefore of significance to forestry and other resource sectors in British Columbia and other parts of western and northern Canada where aboriginal title claims remain outstanding.

Two 2004 Supreme Court of Canada decisions in Haida Nation and Taku River Tlingit have provided greater clarity regarding the role and responsibilities of government, aboriginal groups and industry in consultations with aboriginal communities and accommodation of aboriginal concerns.

In some areas of the Yukon and the Northwest Territories, land claims agreements have been settled with the resident aboriginal groups. There are important consequences for oil and gas operators. This paper provides a 2002 update on land claims in the Yukon and the Northwest Territories, as well as on devolution of responsibilities from the federal government to the two territorial governments.

In some areas of the Yukon and the Northwest Territories, land claims agreements have been settled with the resident aboriginal groups. There are important consequences for oil and gas operators. This paper provides a 2001 update on land claims in the Yukon and the Northwest Territories, as well as on devolution of responsibilities from the federal government to the two territorial governments.