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1. The Duty to Consult with Aboriginal Peoples: A Patchwork of Canadian Policies

   Section 35 of the Canadian Constitution states that “the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed”. In an attempt to provide greater clarity the constitution defines “treaty rights” as ...

2. Mining and First Nations collaboration thriving in the land of living skies

   Appeared in the Battlefords News-Optimist, March 7, 2016 We often hear about First Nation communities in Canada opposing natural resource projects. Whether it’s an LNG plant in British Columbia or mining projects in eastern Canada, the news is full of ...

3. Aboriginal land claims—the largest deterrent to mining investment in B.C.

   Appeared in National Newswatch, March 4, 2016 British Columbia has extraordinary mineral potential. In the recent Fraser Institute annual survey of mining companies, mining executives from around the world placed B.C. in the global top 20 in terms of pure ...

4. Two decades later, back where we started: Yale First Nation and the failed treaty process

   The treaty process in British Columbia recently received a major setback as Yale First Nation, a community in southern B.C., put its treaty implementation processes on hold. The  First Nation announced it would be unable to implement its ...

5. Economic Development in Jeopardy?

   The Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto BC Court of Appeal decision opens the door for future aboriginal title litigation against private parties—litigation that was previously only brought against provincial and federal ...

6. Investors' Supreme uncertainty

   Appeared in the Financial Post The Supreme Court of Canada’s recent judgment on Aboriginal title for the Tsilhqot’in First Nation in British Columbia should be of great concern to all Canadians. This judgment will significantly increase the level of ...

7. Aboriginal title’s true meaning: billable hours

   Appeared in the Globe and Mail Adoption of the Charter of Rights and Freedoms in 1982 made treaty and Aboriginal rights constitutional, though no one knew at the time what that meant. We are gradually finding out as the Supreme Court of Canada develops a ...

8. A Real Game Changer: An Analysis of the Supreme Court of Canada Tsilhqot’in Nation v. British Columbia Decision

   The Supreme Court of Canada’s judgment Tsilhqot’in Nation v. British Columbia represents the first time Aboriginal title has been recognized (outside an Indian Reserve) to a First Nation in Canada. The unanimous judgment has recognized Aboriginal title to ...