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  1. First Nations in Ontario challenging routine maintenance of pipeline system

    Appeared in the Thunder Bay Chronicle Journal, March 7, 2017 In 2004, the Supreme Court of Canada created the “duty to consult.” The setting was British Columbia, where aboriginal title had never been ceded by treaty. The ruling made sense in that context ...

  2. Clarity and confusion? The new jurisprudence of aboriginal title

    The Supreme Court of Canada has revolutionized the jurisprudence of aboriginal rights and title. Various decisions have overturned the doctrine of adverse occupancy, which at one time had been thought to have extinguished aboriginal title in British ...

  3. 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 ...