Insights

The Supreme Court of Canada Provides Further Clarification Regarding Aboriginal Rights

The Supreme Court of Canada has followed up its landmark Aboriginal law decision (Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (“Tsilhqot’in”)) with a decision that provides additional clarity on the obligations of governments, the nature of Aboriginal rights and the ability of provinces and private corporations to develop natural resource projects. ..

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The Supreme Court of Canada Grants Aboriginal Title

The Supreme Court of Canada has recently issued a landmark decision concerning Aboriginal title, the obligations of federal and provincial governments, and the ability of those governments to override Aboriginal title. Although rooted in British Columbia’s unique situation and on facts that differ from the status quo in Saskatchewan and the other Prairie provinces, this decision breaks new ground. In Tsilhqot’in Nation v British Columbia, the Court unanimously recognized the Aboriginal title of the Tsilhqot’in, which is the first successful claim in Canada. ..

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Standard of Review for a Decision Taken by the Minister of Energy and Resources is one of Reasonableness

In the context of a comprehensive and technically complex scheme for the determination of royalties pursuant to The Crown Mineral Royalty Schedule 1986, the Saskatchewan Court of Appeal held that a decision of the Minster of Energy and Resources regarding the average sale price of all arm’s length sales of uranium was to be held to a standard of reasonableness on appeal, rather than a standard of correctness. ..

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