The Supreme Court of Canada has opened the door to multi-jurisdictional aboriginal rights and title claims: Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani Utenam)* (February 21, 2020)

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.

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Advanced Costs allows the Beaver Lake to continue their challenge of the taking up clause in Treaty 6: Anderson v Alberta (Attorney General), 2019 ABQB 746 (Oct 3, 2019)

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.

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Invitation to Global Climate Strike on Friday, September 27, 2019

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.

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Aboriginal rights: modern collectives can establish aboriginal rights to traditional areas, even if they no longer live there (May 15, 2019)

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.

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Cowichan Nation Seeks Land & Fishery Recovery on Fraser River in British Columbia (May 1, 2019)

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.

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