British Columbia Update: West Coast Provincial Policies Ebb and Flow December 15, 2011 Drew Mildon, Matt Boulton British Columbia has been pursuing new approaches to Aboriginal rights outside of the treaty process.
The BC Treaty Process – nearly twenty years on December 15, 2011 Geoff Plant As the 20th anniversary of the BC treaty process nears, an inevitable costs-benefits analysis is being undertaken about the results obtained and the expenditures incurred.
Message from the Chair December 15, 2011 Annie M. Thuan As the year 2011 comes to a close, I (like many of you, I suspect), find myself reflecting on the past year. As it relates to Aboriginal law developments, how much progress, if any, has been made over the past year?
When Legislators Make Bad Law: Bill C-3’s Assault on Democracy September 02, 2011 Pamela Palmater Pamela Palmater deconstructs the government’s actions with the drafting of Bill C-3, and argues that the list of problems with the Bill outweigh any benefits, with the end result being an assault on the fundamental aspect of equality.
Renewing Government Authorizations after Carrier Sekani: A “Novel” Problem September 02, 2011 Brian J. Hebert Brian J. Hebert describes the issues that arise with regard to the duty to consult and accommodate as a result of the Carrier Sekani decision.
“The Changing Court Room: Native Title Cases in Australia” Review September 02, 2011 David Barbaree David Barbaree gives a synopsis of Justice Tony North's April 28th, 2011 presentation at the OBA Conference Centre
First Nations Water: Is Regulation the Answer? September 02, 2011 John Edmond John Edmond studies Bill S-11 dealing with Reserve water regimes. Edmond describes the Federal government’s response to Chapter 5 of the Commissioner of the Environment and Sustainable Development’s 2005 report, “Drinking Water in First Nations Communities”
Can the Crown Rely on Your IBA? September 02, 2011 Peter Landman Peter Landman discusses the issues with regard to the Crown’s duty to consult when First Nation communities enter into Impact Benefit Agreements (IBA) with proponents.
Tsilhqot'in Nation Revisited September 02, 2011 Jonathan Charland Jonathan Charland revisits the 2007 Tsilhqot’in Nation v. British Columbia case, and argues that interpreting the test for Aboriginal title has been rendered difficult by inconsistencies in the jurisprudence.
Message from the Chair September 02, 2011 Annie M. Thuan As my first term as chair comes to an end, I cannot help but reflect on the past activities of the Aboriginal Law Section, as well as look forward to what we have in store for next term.