In these unprecedented times, First Nations governments, organizations and businesses are facing new and rapidly evolving challenges. Every day brings more news about COVID-19 and what governments are doing to help support people and businesses through the pandemic. In this bulletin, we set out some key considerations and information for First Nation governments and businesses, and provide summaries of some of the available information on Canada’s recently announced initiatives to support businesses and employees.

In 2013, two Innu First Nations and several elected individuals (the “Innu”), filed suit in the Superior Court of Quebec against two mining companies responsible for a megaproject consisting of multiple open pit mines near Schefferville, Quebec and Labrador City, Newfoundland and Labrador, as well as port, railway and industrial facilities in Quebec and railway in both provinces.

On September 30th, 2019, the Alberta Court of Queen’s Bench awarded advanced costs to Beaver Lake Cree Nation (“Beaver Lake”). Beaver Lake is a Treaty 6 signatory. While purportedly protecting harvesting rights, Treaty 6, like other numbered treaties, contains a clause allowing the Crown to “take up” lands for various purposes.

Woodward & Company invites you and your colleagues to join lawyers from across Victoria in a demonstration of unity for ambitious climate action. From 12-1pm on Friday, September 27, we will gather on the lawn of the Legislature under the banner of “Lawyers for Climate Action” and march in the Global Climate Strike. We will be dressed in business attire.

On August 12, 2019, BC’s Ministry of Indigenous Relations and Reconciliation and the First Nations Leadership Council announced that, after years of negotiations, First Nations in BC will now receive their share of provincial gaming revenues.

On May 2, 2019, the BC Court of Appeal confirmed that aboriginal rights protected by section 35 of the Constitution Act, 1982 may be exercised by modern indigenous collectives who descend from historic collectives that exercised the practice, custom, or tradition in that territory, if there is continuity between the practices of the modern and historic collectives. Reconciliation of pre-existing Indigenous societies with the assertion of Crown sovereignty requires the protection of those rights – even where the modern members no longer reside in the traditional area in question.

The Cowichan Nation is taking legal action in the Supreme Court of British Columbia to recover its government-owned lands near the mouth of the Fraser River in British Columbia. The case is based on Cowichan Nation Aboriginal title to approximately 1900 acres of traditional village and surrounding lands on the south shore of Lulu Island now in the city of Richmond, as well as a Cowichan Nation Aboriginal right to fish the south arm of the Fraser River for food.

On December 13, 2018, the Additions to Reserve Land and Reserve Creation Act (“ARLRC Act”) received Royal Assent.

On August 30th, 2018 the Federal Court of Appeal (“FCA”) unanimously quashed Canada’s decision to approve the expansion of the Trans-Mountain Pipeline (the “Project”). The court’s decision focused on two key errors, one by the National Energy Board (“NEB”), and one by Canada.

BC’s application portal is open! Applications for private non-medical cannabis retail licenses are now available.