Articles exploring legal issues that shape our work. Recent news and stories
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Development of Aboriginal lands: Successes, risks and environmental concerns respecting contaminated sites
An overview of the most common land management regimes that govern development and environmental management on Aboriginal lands in B.C.
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Band councils, band moneys and fiduciary duties
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.
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Commercial fisheries: Should commercial fishing rights be included in modern treaties?
Given the cultural and economic importance of commercial fishing to BC First Nations, and in particular coastal First Nations, the answer to this question is obviously “yes”. However, this answer must be qualified somewhat: “Yes, provided the inclusion of commercial fisheries in the treaty meets the cultural and economic needs of the respective First Nation”.
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The duty to consult in the administrative law context: When it arises, and where it is enforced
The jurisprudential life of the Crown’s duty to consult with aboriginal people in the interim of the final determination of aboriginal claims is almost a decade long. Since the Supreme Court of Canada’s confirmation of the duty in 2004, First Nations have spent a lot of litigation time and effort trying to determine just how, when, and where they can enforce this duty.