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Documents on indians native populations
 

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HTMLAlberta’s Aboriginal Consultation Levy on Industry
Stephanie Axmann, Thomas Isaac; McCarthy Tétrault LLP;
Legal Alert/Article
June 14, 2013, previously published on June 11, 2013
On May 8, 2013, Bill 22 - Aboriginal Consultation Levy Act (Bill 22) was introduced in the Legislative Assembly of Alberta. Bill 22 passed Third Reading on May 15, 2013, and received Royal Assent on May 27, 2013. Bill 22 will come into force "on proclamation."

 

HTMLAboriginal Law Update: Behn v. Moulton Contracting Ltd., 2013 SCC 26
Stephanie Axmann, Thomas Isaac; McCarthy Tétrault LLP;
Legal Alert/Article
June 5, 2013, previously published on May 30, 2013
On May 9, 2013, the Supreme Court of Canada (SCC) released its reasons in Behn v. Moulton Contracting Ltd., unanimously dismissing the appeal of the appellants, individuals who were members of the Fort Nelson First Nation (FNFN). Moulton Contracting Ltd. (Moulton), a logging company, commenced a...

 

HTMLSCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised
Laura M. Gill, E. Bruce Mellett; Weltman Weinberg Reis Co. L.P.A.;
Legal Alert/Article
May 21, 2013, previously published on May 16, 2013
Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where Aboriginal or First Nations concerns could give rise to a risk of...

 

HTMLA Duty of Diligent Fulfillment? SCC Rules that Land Grants to Métis Children Breached Honour of Crown
Byron Shaw; McCarthy Tétrault LLP;
Legal Alert/Article
March 20, 2013, previously published on March 18, 2013
Canada breached the Honour of the Crown in the manner in which it distributed parcels of land to the children of the Métis people of Manitoba in the 1870s, according to a majority of the Supreme Court of Canada. The Court’s 6-2 decision in Manitoba Métis Federation Inc. v....

 

HTMLHigh Water Mark Test for Establishing Aboriginal Title to be Reviewed by the SCC
Angela Juba; McCarthy Tétrault LLP;
Legal Alert/Article
March 20, 2013, previously published on March 20, 2013
The Supreme Court of Canada is set to revisit the test for Aboriginal title when it hears an appeal from the British Columbia Court of Appeal’s decision in William v. British Columbia this November. This appeal will be of particular significance to parties engaged in resource development, as...

 

HTMLDaniels v. Canada (Minister of Indian Affairs and Northern Development), 2013 FC 6
Stephanie Axmann, Thomas Isaac; McCarthy Tétrault LLP;
Legal Alert/Article
March 19, 2013, previously published on March 18, 2013
On January 8, 2013, the Federal Court of Canada (FCC) released its reasons in Harry Daniels, Gabriel Daniels, Leah Gardner, Terry Joudrey and the Congress of Aboriginal Peoples v. Her Majesty the Queen, as represented by the Minister of Indian Affairs and Northern Development and the Attorney...

 

Adobe PDFGrand Canyon Sky Watch, Arizona Federal Court Addresses Arbitration Enforcebility:
Modrall Sperling Roehl Harris Sisk P.A.;
Legal Alert/Article
March 8, 2013, previously published on Spring 2013
The Case: The order entered February 13, 2013, in Grand Canyon Skywalk Development, LLC v. ‘Sa' Nyu Wa, Inc. reflects important principles supporting the enforceability of arbitration awards when a dispute arises in economic development in Indian country.

 

Adobe PDFBIA Issues Final Regulations Governing Residental, Business, and Wind and Solar Resource Leasing on Indian Lands
Modrall Sperling Roehl Harris Sisk P.A.;
Legal Alert/Article
March 8, 2013, previously published on Winter 2013
The Revised Rule: On November 27, 2012, the Bureau of Indian Affairs issued the long-awaited and substantially revised regulations addressing non-agricultural surface leasing of Indian land under the Indian Long Term Leasing Act.

 

HTMLFederal Court Declares Métis and Non-Status Indians to be “Indians”
Amy Gauthier, Pierre-Christian Labeau; Norton Rose Canada LLP;
Legal Alert/Article
January 28, 2013, previously published on January 2013
On January 8, the Federal Court issued a declaration that Métis and non-status Indians in Canada are “Indians” within the meaning of subsection 91(24) of the Constitution Act, 1867. Non-status Indians and Métis are Aboriginal groups that do not have any status under the...

 

HTMLThe Department of the Interior Issues New Rules Regulating the Leasing of Tribal Lands
Snell Wilmer L.L.P.;
Legal Alert/Article
December 11, 2012, previously published on December 7, 2012
New regulations enacted by the U.S. Department of the Interior (DOI) applicable to tribal leases will have far reaching impacts on businesses, particularly renewable energy projects, utilizing tribal lands.

 


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