Articles exploring legal issues that shape our work. Recent news and stories
From landmark court decisions to emerging legal and policy developments, on this page we share insights into the issues shaping Indigenous law, public law, as well as business and personal law in Canada. Our lawyers offer clear, thoughtful updates to help you make sense of what’s changing, and understand why it matters for your work, your community or your organization.
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The Aboriginal right to sell fish: Ahousaht Nation et al v Canada
On November 3, 2009, the B.C. Supreme Court released its judgment in Ahousaht Nation v. Canada. Madam Justice Garson (now J.A.) concluded that all five Nuu-chah-nulth plaintiffs have aboriginal rights to fish in their traditional territories and sell that fish into the commercial marketplace.
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Achieving cultural security and continuity. R. v Sappier and the refined Van der Peet test
Through a framework developed in R. v. Marshall; R. v. Bernard, and R. v. Sappier the Court has set an analytical framework that focuses on the modernization of aboriginal rights with the objective of making them relevant and meaningful in a modern economy.
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The Squamish Nation assessment process: Getting to consent
Overview of Squamish Nation’s environmental assessment process, which was designed to parallel Crown environmental assessment processes and ensure project impacts on the Nation’s rights and title interests are understood and properly avoided or mitigated.
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B.C. First Nations’ lawyers say Ottawa failed to consult on Trans Mountain expansion
The federal government failed to share information, imposed unrealistic deadlines and refused to consider changes proposed by First Nations that would be affected by the proposed Trans Mountain expansion project.