Publications

Latest publications

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. The authors review and discuss a number of important 2012 cases including Ross River Dena Council v.

Once a treaty has been negotiated, there are numerous activities that must be completed in order to “close” and then “implement” the treaty.  “Closing activities” are activities carried out prior to the-effective date in order to prepare a first nation for their new reality after the effective date.  “Implementation activities” are activities carried out post-effective date to fully i

The trend around the world has been for governments to get out of the business of doing business. The last twenty years has seen this trend continue and grow, from the privatization of airlines, railways and other transportation ventures, to include what have been historically considered common government services, such as the delivery of mail and other communication services.

This paper provides an overview of the most common land management regimes that govern development and environmental management on First Nations lands in B.C., discusses the successes and challenges First Nations face with respect to the current policy based regime that applies to contaminated sites on most Indian reserves in B.C.

The Van der Peet“integral to a distinctive culture” test initially risked missing the mark in seeking to achieve important objectives.

This paper examines some recent developments in aboriginal title. While the body of case law concerning aboriginal law is rapidly growing, there remains only a very small handful of cases that provide specific guidance on aboriginal rights and aboriginal title. Consequently, the case focused on here--R. v. Marshall; R. v. Bernard is not particularly recent.

Douglas C. Harris

The Aboriginal peoples of Canada stand in a different legal relationship to the fisheries than non-Aboriginal Canadians.

On November 3, 2009, the B.C. Supreme Court released its judgment in Ahousaht Nation  v. Canada.  Madam Justice Garson (now J.A.) concluded that all five Nuu-chah-nulth plaintiffs have aboriginal rights to fish in their traditional territories and sell that fish into the commercial marketplace.

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. Perhaps the most critical context

Aboriginal rights litigation is notoriously complex. It involves proof of facts dating back hundreds of years.

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