Sean Sutherland Sean Sutherland

Canada, B.C. and First Nations Leadership Council sign agreement on conservation and land management

Earlier this month, Canada, British Columbia and the First Nations Leadership Council signed a new non-binding agreement establishing an approach to...

Ontario Court of Appeal confirms distinction between treaty and fiduciary obligations and rejects constructive trust as appropriate remedy for Crown breaches of treaty duties

In a recent decision, the Ontario Court of Appeal provides clarity on the Crown’s treaty obligations, the defences available for breaching those...

Court finds British Columbia liable for misfeasance in public office for decisions denying regulatory permits

A recent B.C. Supreme Court decision regarding misfeasance in public office has important implications for future claims against government in the...

Supreme Court of Canada finds the federal Impact Assessment Act unconstitutional

On October 13, 2023, the Supreme Court of Canada found Canada’s federal Impact Assessment Act unconstitutional in part. We discuss the Court’s...

Supreme Court of British Columbia finds that Province has a duty to consult on mineral tenure claims

A recent Supreme Court of British Columbia decision has important implications for mineral tenure systems across Canada.

Treaty rights and resource development: The cumulative effects claims begin to pile up

Our 2021 Legal Year in Review update discussed the landmark B.C. Supreme Court decision in Yahey v. British Columbia (Yahey) which held that the...

Update on legally-binding contracts with First Nations

Band council resolutions are not mandatory for contracts with a First Nation, according to an Alberta Court of Appeal decision.