A recent judicial review of election results under the Dene Tha’ First Nation custom election code finds that courts should give deference to Indigenous laws and decision-makers when reviewing Indigenous laws enacted as part of the power of self-governance.

First Nations should be aware of recent incidents of travel bans imposed by United States border agents on individuals involved in the legal cannabis industry in the U.S. and Canada. These incidents have serious implications for any First Nation group or individual participating in the legal cannabis industry, and particularly for those who maintain cross-border cultural and family connections.

On March 20th, 2018, the British Columbia Supreme Court released a decision that considered for the first time how to resolve conflicts between the twin constitutional obligations placed on the Crown under s. 35: treaty obligations, and the duty to consult with respect to asserted rights and title.

On February 6, 2018, the government of Canada introduced Bill C-68 to the House of Commons. The Bill proposes An Act to amend the Fisheries Act and other Acts in consequence and was announced by Fisheries Minister Dominic LeBlanc as part of a promised overhaul of the Fisheries Act by the Liberal government.

On February 2nd, 2018, the Supreme Court of Canada released its decision in Williams Lake Indian Band v. Canada (Aboriginal Affairs and Northern Development). In essence, the Court determined that Canada can be liable for breach of a fiduciary duty both before and after Confederation.

On December 1, 2017, the Supreme Court of Canada released the judgment in Nacho Nyak Dun v. Yukon, 2017 SCC 58 (“Nacho Nyak Dun”) a case concerning the interpretation of modern treaties and, in particular, the Crown’s obligations in the collaborative land use planning process established by the Yukon Final Agreements.

On November 2, 2017 the Supreme Court of Canada (“Court”) released its decision in Ktunaxa Nation v British Columbia. The case focused on whether the British Columbia Minister of Forests, Lands and Natural Resource Operations ( “Minister”) erred in approving a ski resort development, despite claims by the Ktunaxa Nation that the Jumbo Glacier ski resort would breach their constitutional right to freedom of religion and to protection of Aboriginal interests under s. 35 of the Constitution Act, 1982.

First Nation employers that are regulated by the Canada Labour Code are no longer able to dismiss employees on a without cause basis.

On February 25, 2014, Fred Reid Elliott, a 74-year-old elder of the Stz’uminus First Nation, was arrested and placed in handcuffs, and his boat and truck were seized, for selling prawns to an undercover Department of Fisheries (DFO) officer without a commercial licence. The arrest was the culmination of a nearly 7-month investigation that DFO insultingly referred to as “Operation Guppy”.

On April 14, 2016, the Supreme Court of Canada declared that the federal government has jurisdiction over Métis and non-status Aboriginal people. The Court’s landmark decision, Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12, ends a long-standing “jurisdictional tug-of-war” over which level of government has constitutional authority over these Aboriginal people. Prior to this case…