Category: Aboriginal Law

Departure from Stare Decisis: Quebec Superior Court Sets Out New Aboriginal Rights Test in R. c. Montour, 2023 QCCS 4154

A recent Quebec Superior Court decision departs from Supreme Court of Canada precedent and proposes a new framework for Aboriginal rights under s.35(1).

Russell Chiong

Russell Chiong focuses on Aboriginal law, Specific Claims, Impact Benefit Agreements, environmental impacts and assessments, and First Nations governance issues.

Mario Garcia

Mario Garcia uses his legal skills to advocate for, and advance, the cultural, environmental and economic development objectives of his clients.

Tegan Heywood

Tegan Heywood has a strong foundation in corporate and commercial law, regulatory compliance, and environmental advocacy and is dedicated to advancing the rights of Indigenous peoples in Canada.

Ontario courts apply the Aboriginal title test to submerged lands and find historical treaty breach

Chippewas First Nation and Saugeen First Nation

A recent decision from the Ontario Court of Appeal considered two claims brought by the Saugeen First Nation and the Chippewas of Nawash Unceded First Nation. This is the first time an appeal court has considered the application of the Aboriginal title test to claims to title over waterbodies.

BC’s New Litigation Directives Encourage Negotiation over Litigation with Indigenous Peoples

The Province’s “new approach to litigation” seeks to transform the government’s relationship with Indigenous peoples by prioritizing alternative dispute resolution and negotiated settlement over adversarial, courtroom litigation that presents challenges to achieving reconciliation.

Frances Ankenman

Frances Ankenman is a skilled advisor advocating for and collaborating with First Nations in treaty negotiation and implementation, strategic consultation with the Crown, drafting legislation and advising treaty and non-treaty First Nations in the law-making process.

Ankenman

Landmark decision opens door to private law remedies for First Nations: A case summary of Thomas and Saik’uz First Nation v Rio Tinto Alcan Inc.

The BC Supreme Court ruled that Rio Tinto Alcan is interfering with Aboriginal fishing rights and causing harm to fish in the Nechako watershed. A team of Ratcliff lawyers worked in collaboration with the Sai’kuz and Stellat’en First Nations to advance the claim and achieve this significant step forward in Aboriginal Law in Canada.

Kevin D. Lee

Kevin Lee Managing Partner experienced senior litigator alternative dispute resolution | Ratcliff LLP

Kevin D. Lee is the Managing Partner of Ratcliff LLP. He is an experienced senior advisor, litigator, and mediator known for in-depth analysis and creative problem solving with experience across major Aboriginal rights and title cases, multi-decade & complex civil litigation matters, contract and employment issues, and estate and real property disputes.

Overview of legal matters to be considered in for-market development of First Nation reserve lands

Real Estate Development on First Nations Land

An overview of legal matters to be considered in connection with a for-market development of First Nation reserve lands. For-market development of reserve lands involves many complex legal matters, the number and complexity of which may vary significantly between developments, depending on a wide range of variables.

Structuring First Nations Economic Development

More and more Indigenous governments are investing, and are directly involved, in for profit business ventures. Brent Lehmann outlines considerations for First Nation governments for participating in mainstream economic development.

Treaty Closing and Implementation Activities

Once a treaty has been negotiated, there are numerous activities that must be completed in order to “close” and then “implement” the treaty. Brent Lehmann provides insights on activities required of a first nation relating to the closing and implementation of their treaty.

Development of Aboriginal lands: Successes, risks and environmental concerns respecting contaminated sites

An overview of the most common land management regimes that govern development and environmental management on Aboriginal lands in B.C.

Band councils, band moneys and fiduciary duties

Band councils owe fiduciary duties to their bands and to band members. These are distinct duties and while they are generally compatible they can, in some circumstances, conflict. Although the relationship between these duties has not received much attention from courts or academics, it is of great practical importance for band councils.

Commercial fisheries: Should commercial fishing rights be included in modern treaties?

Given the cultural and economic importance of commercial fishing to BC First Nations, and in particular coastal First Nations, the answer to this question is obviously “yes”. However, this answer must be qualified somewhat: “Yes, provided the inclusion of commercial fisheries in the treaty meets the cultural and economic needs of the respective First Nation”.