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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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.
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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”.
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The duty to consult in the administrative law context: When it arises, and where it is enforced
The jurisprudential life of the Crown’s duty to consult with aboriginal people in the interim of the final determination of aboriginal claims is almost a decade long. Since the Supreme Court of Canada’s confirmation of the duty in 2004, First Nations have spent a lot of litigation time and effort trying to determine just how, when, and where they can enforce this duty.
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Consultation and Accommodation Update
The duty to consult articulated by the Supreme Court of Canada in Haida Nation v. British Columbia in 2004 continues to play an important and prevalent role in the process of Crown-First Nations reconciliation. This paper discusses the state of the law of consultation in 2013.