Sean Sutherland Sean Sutherland

The longest trial, a big impact: Cowichan’s Aboriginal title victory

A landmark decision in B.C. has created uncertainty for governments, fee simple landowners and Indigenous communities with overlapping title claims.

Alberta Court of Appeal confirms systemic challenges to Alberta’s consultation regime may proceed to trial

Significant changes to Alberta’s Crown-Indigenous consultation process could result from a recent legal challenge.

In a welcome sign for major new project proponents, SCC breathes new life into interjurisdictional immunity

A recent SCC decision relating to interjurisdictional immunity is a welcome development for proponents of regulatory and jurisdictional certainty.

Addressing claims where Aboriginal rights and title overlap

Overlapping claims of Aboriginal title raise complex legal and factual issues that have yet to be fully determined by the courts.

Indigenous Law Insights: the Crown’s duty to consult and the issue of abuse of process

Stay current with the latest developments in Indigenous law and policy across Canada by joining Osler’s Indigenous Law Insights, a monthly...

Supreme Court clarifies abuse of process in Aboriginal claims

A recent SCC decision clarifies the application of the abuse of process doctrine in cases involving Indigenous litigants and the duty to consult.

The changing environment of federal impact assessment

The current state of the federal Impact Assessment Act is examined, and possible future changes to the Act are explored.

Federal government announces constitutionally questionable oil and gas sector emissions cap

Utilizing a cap-and-trade system, the proposed regulations would require the sector to reduce emissions by 35% below 2019 emissions by 2030.

Blueberry River First Nations files claim against B.C. for the Gundy Plan

On July 8, 2024, Blueberry River First Nations (BRFN) filed a Notice of Civil Claim^[1] (the Claim) against the province of British...

Amendments to Impact Assessment Act released – triage or major surgery?

The Canadian federal government has released draft amendments to the Impact Assessment Act responding to the October 2023 constitutional reference.