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HTMLThe Supreme Court’s Keewatin Decision: How Will it Affect Canada’s Resource Industries?
Laura Easton, Heather L. Treacy; Davis LLP;
Legal Alert/Article
July 23, 2014, previously published on July 21, 2014
On 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...

 

HTMLThe 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;
Legal Alert/Article
July 23, 2014, previously published on July 4, 2014
On 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...

 

HTMLAboriginal 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;
Legal Alert/Article
July 17, 2014, previously published on July 14, 2014
On 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...

 

HTMLImplications of the Supreme Court Decision on Aboriginal Title
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
Legal Alert/Article
July 17, 2014, previously published on July 2, 2014
On 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.

 

HTMLU.S. Supreme Court Decision in Michigan v. Bay Mills Indian Community et al.
Christine L. Swanick, Wilda Wahpepah; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 13, 2014, previously published on May 27, 2014
The 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...

 

HTMLCanada Confirms Plans to Extend Mandatory Public Reporting of Payments in the Extractive Sector to Aboriginal Entities
Sam Adkins, Stephanie Axmann; McCarthy Tétrault LLP;
Legal Alert/Article
April 4, 2014, previously published on April 3, 2014
For 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...

 

Adobe PDFNew Mexico Supreme Court Validates Designation of Mt. Taylor as a Traditional Cultural Property
Modrall Sperling Roehl Harris Sisk P.A.;
Legal Alert/Article
April 1, 2014, previously published on March 25, 2014
Introduction: 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...

 

Adobe PDFRecent Challenges to EPA's "Indian Country" Clean Air Act Jurisdictional Determinations
Modrall Sperling Roehl Harris Sisk P.A.;
Legal Alert/Article
March 28, 2014, previously published on March 25, 2014
Introduction: Two recent challenges to EPA’s jurisdictional determinations regarding “Indian country” lands under the Clean Air Act (CAA) illustrate the necessity for, and potential complexity of, the Indian lands jurisdictional determinations under the CAA.

 

Adobe PDFDivergent Decisions on Tribal Jurisdiction over Public School Districts and Their Employees
Modrall Sperling Roehl Harris Sisk P.A.;
Legal Alert/Article
March 28, 2014, previously published on March 25, 2014
Introduction: The question of civil jurisdiction over claims against public schools located within the boundaries of a tribe’s reservation has been analyzed by both tribal and federal courts, with conflicting outcomes. When tribal members, employees or parents, bring suit against a school or...

 

Adobe PDFBHP Billiton Sells Navajo Mine Coal Company to Navajo Nation
Modrall Sperling Roehl Harris Sisk P.A.;
Legal Alert/Article
March 28, 2014, previously published on March 25, 2014
On December 30, 2013, working shoulder to shoulder with its client BHP Billiton New Mexico Coal, Inc. and co - counsel, Modrall Sperling completed a series of interrelated transactions between BHP Billiton New Mexico Coal, Inc. (BBNMC) and its subsidiaries and the Navajo Nation and Navajo...

 


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