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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Oil and gas joint venture not in violation of the Competition Act

The Supreme Court of Canada refused leave to appeal the Alberta Court of Appeal’s decision in 321665 Alberta Ltd. v. Husky Oil Operations Ltd. (2013 ABCA 221), which found that in certain circumstances, legitimate oil and gas joint ventures should not be considered anti-competitive action in breach of the Competition Act RSC 1985, c C-34. ..

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