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Documents on indians native populations
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|Ontario Court Affirms Crown’s Delegation of Consultation to Proponent under Mining Act|
Stephanie Axmann, Geoff R. Hall; McCarthy Tétrault LLP;
September 12, 2014, previously published on September 9, 2014On August 28, 2014, in Wabauskang First Nation v. Minister of Northern Development and Mines (Wabauskang), the Ontario Divisional Court (Court) dismissed a judicial review application brought by Wabauskang First Nation (WFN) against the Ontario Ministry of Northern Development and Mines (Ministry)...
|Canada Delays Mandatory Disclosure of Resource Payments to First Nations for Two Years: Delay and Provincial Support for Scheme Clears Way for Legislation this Fall|
Graham Erion; Davis LLP;
September 4, 2014, previously published on September 2, 2014Canada’s move towards mandatory reporting of resource payments by mining and oil & gas companies to host governments got a big push recently at a meeting of provincial and territorial resource ministers. First, all provinces and territories endorsed the federal government’s plan to...
|BIA Seeks Comments on Proposed Rule Making Major Changes to the Department of the Interior's Regulations Governing Rights-of-Way across Tribal and Individually Owned Indian Lands.|
Lynn H. Slade; Modrall, Sperling, Roehl, Harris & Sisk, P.A.;
August 5, 2014, previously published on Jul 22, 2014On June 17, 2014, the Department of the Interior ("DOI") issued proposed regulations which would "comprehensively update and streamline the process for obtaining BIA grants of rights-of-way on Indian land," compiled at 25 C.F.R. Part 169. 79 Fed. Reg. 34455, 34455. The proposed...
|The Supreme Court of Canada's Decision in Tsilhqot'in Nation v. British Columbia: Implications for the Application of the Forest Act in BC|
Erin Hunter, Garry E.P. Mancell, Jeff Waatainen; Davis LLP;
July 23, 2014, previously published on July 4, 2014On June 26, 2014, the Supreme Court of Canada rendered its unanimous decision on Tsilhqot’in Nation v. British Columbia (the “Tsilhqot’in Nation Decision”). In its reasons, the Court made a declaration of Aboriginal title over certain lands within the Tsilhqot’in...
|The Supreme Court’s Keewatin Decision: How Will it Affect Canada’s Resource Industries?|
Laura Easton, Heather L. Treacy; Davis LLP;
July 23, 2014, previously published on July 21, 2014On July 11, 2014, the Supreme Court of Canada (“SCC”) issued its decision in Grassy Narrows First Nation v Ontario, 2014 SCC 48 (“Keewatin”) and confirmed that Ontario has the exclusive power to “take up” treaty lands located in the Keewatin area of Treaty 3...
|Aboriginal Law Update: The SCC Rules That Ontario Can “Take Up” Land in Treaty 3 Territory Without Canada’s Approval|
Brian P. Dominique, Linda I. Knol; Cassels Brock & Blackwell LLP;
July 17, 2014, previously published on July 14, 2014On July 11, 2014, the SCC unanimously ruled that the Government of Ontario has the authority to ¿take up¿ land in the Keewatin Territory so as to limit First Nations¿ harvesting rights under Treaty 3 without requiring the approval of Canada. The SCC further held that provinces have the authority to...
|Implications of the Supreme Court Decision on Aboriginal Title|
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
July 17, 2014, previously published on July 2, 2014On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted - until now, the concept existed only in theory.
|U.S. Supreme Court Decision in Michigan v. Bay Mills Indian Community et al.|
Christine L. Swanick, Wilda Wahpepah; Sheppard, Mullin, Richter & Hampton LLP;
June 13, 2014, previously published on May 27, 2014The U.S. Supreme Court (“Court”) issued a 5-4 decision today in a case with implications for Tribal-State relations and the resolution of disputes under the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. (“IGRA”). The Court in Michigan v. Bay Mills...
|Canada Confirms Plans to Extend Mandatory Public Reporting of Payments in the Extractive Sector to Aboriginal Entities|
Sam Adkins, Stephanie Axmann; McCarthy Tétrault LLP;
April 4, 2014, previously published on April 3, 2014For the past several years, the federal government has been seeking public input on its plans to increase resource revenue transparency in the extractive sector in Canada and align its reporting standards with those of international markets. Natural Resources Canada (NRCan) began consultations with...
|New Mexico Supreme Court Validates Designation of Mt. Taylor as a Traditional Cultural Property|
Modrall Sperling Roehl Harris Sisk P.A.;
April 1, 2014, previously published on March 25, 2014Introduction: In a case that may have national significance, the New Mexico Supreme Court upheld the New Mexico Cultural Properties Review Committee’s (“Committee”) permanent designation of approximately 400,000 acres of public lands on Mt. Taylor in west-central New Mexico as a...