fbpx
RAVEN - Respecting Aboriginal Values and Environmental Needs

First Nation of Nacho Nyak Dun v. Yukon

First Nation of Nacho Nyak Dun v. Yukon Year: 2017 Court: Supreme Court of Canada Citation: 2017 SCC 58 Location: YT TAGS: Duty to Consult; Modern Treaty Agreements A government does not have the authority to unilaterally modify land use plans contrary to negotiated agreements.  Summary:  Final agreements (treaties) between the federal government, territorial government...
Read More

Ermineskin Nation v. Canada

Ermineskin Indian Band & Nation v. Canada Year: 2009 Court: Supreme Court of Canada Citation: 2009 SCC 9 Location: AB TAGS: Fiduciary Duty; Natural Resources – Oil and Gas; Investment of Royalties  The law regarding the Crown’s fiduciary obligations to Indigenous Nations is complex. This case highlights a few aspects of that law.  Summary: The...
Read More

Delgamuukw vs. BC

Delgamuukw v. British Columbia Year: 1997 Court: Supreme Court of Canada Citation: [1997] S.C.R. 1010 Location: BC TAGS: Aboriginal Title Aboriginal title is held collectively by a group and includes the right to exclusive use and occupation of the land. To establish Aboriginal title, an Indigenous group must prove that there was sufficient and exclusive...
Read More

Clyde River Case – Nunavut

Clyde River (Hamlet) v. Petroleum Geo-Services Inc. Year: 2017 Court: Supreme Court of Canada Citation: 2009 SCC 9 Location: NU TAGS: Duty to Consult; Treaty Rights; Natural Resources – Oil and Gas; Right to Harvest – Marine Mammals While the Crown may rely on regulatory agencies to fulfil or partly fulfil the duty to consult,...
Read More

Calder vs. British Columbia

Calder v British Columbia (Attorney General)  Year: 1973 Court: Supreme Court of Canada Citation: [1973] S.C.R 313 Location: BC TAGS: Aboriginal Title Aboriginal Title did exist. Has it been extinguished? In 1973, the Supreme Court of Canada was split on this question.   Summary:  Frank Calder and others, on behalf of the Nisga’a First Nation,...
Read More

Blueberry River vs. Canada

Blueberry River Indian Band v. Canada (Department of Indian Affairs & Northern Development) Year: 1995 Court: Supreme Court of Canada Citation: [1995] 4 S.C.R. 344 Location: BC TAGS: Mineral/Mining/Natural Resources; Fiduciary Duty An ongoing fiduciary duty exists, even if the sale of land terminated the fiduciary relationship.  Summary: In 1940, Blueberry River Indian Band surrendered...
Read More

Ahousat Nation’s struggle for commercial fishing rights

Ahousaht Indian Band v Canada (Attorney General) Year: 2013 Court: BC Court of Appeal (Reconsideration directed by the Supreme Court of Canada) Citation: 2013 BCCA 300 Location: BC TAGS: Fishing Rights; Commercial Harvesting Rights; Aboriginal Rights Where there has been an established pre-contact practice of commercial harvesting, commercial harvesting can be protected as an Aboriginal...
Read More
Get news from RAVEN by email.