Team Members ()

Publications ()

News ()

Pages ()

Services ()

  • Our Team

    Our Team

    • Lawyers & Clerks
    • Leadership Team
    • Board of Directors
    • Human Resources
    • Marketing & Business Development
    • Paraprofessional Services
  • Our Services

    Our Services

    • Service Areas
      • Aboriginal and Indigenous Law
      • Administrative Law
      • Agribusiness
      • Banking and Financial Services
      • Bankruptcy and Insolvency
      • Business Disputes
      • Business Immigration
      • Class Actions
      • Construction Law
      • Corporate and Business
      • Corporate Finance and Securities
      • Corporate Governance and Compliance
      • Cross-Border Law
      • Education Law
      • ESG (Environmental, Social, & Governance)
      • Estates and Trusts
      • Environmental Law
      • Foreign Direct Investment
      • Franchise Law
      • Health Law
      • Insurance
      • Intellectual Property
      • Labour and Employment
      • Litigation
      • Maritime Law
      • Media & Entertainment
      • Municipal Law
      • P3 and Infrastructure
      • Pensions and Benefits
      • Privacy, Data Protection and Cyber Security
      • Public Law
      • Real Estate
      • Regulation of Professions
      • SISIP LTD Allowances Class Action
      • Tax
      • Technology
      • View All
    • Industries
      • Cannabis
      • Construction & Property Development
      • Emerging & High Growth Companies
      • Energy & Natural Resources
      • Financial Services
      • Government & Institutions
      • Insurance
      • Manufacturing, Processing & Sales
      • Mining
      • Ocean Economy
      • Private Clients
      • Technology
      • View All
    • More Services
      • MC Advisory
      • MC Legal Lab
  • Our Insights
  • Our Firm

    Our Firm

    • Our Values
    • Our History
    • Our Representative Work
    • Our Global Reach
    • Our News
    • Diversity & Inclusion
    • Collective Social Responsibility
    • Pro Bono Program
  • Our Careers

    Our Careers

    • Lawyer Opportunities
    • Business Professional Opportunities
    • Paralegal & Legal Assistant Opportunities
    • Summer Student & Articling Opportunities
    • Diversity & Inclusion
    • Collective Social Responsibility
  • 1.866.439.6246
  • Contact
  • Search
  • Stay Updated
  • Contact Us
  • LexMundi World Ready
  • Privacy Policy
  • http://linkedin.com
  • http://facebook.com
  • http://twitter.com
  • 1.866.439.6246
Home > Our Insights > Legal Update: The Duty to Consult – Important Lessons from Canada’s Mining Sector
Publication

Legal Update: The Duty to Consult – Important Lessons from Canada’s Mining Sector

Published:

March 15, 2013

Share

Print

Recent developments in Ontario and Yukon are an important reminder of the practical implications of the Crown’s legal Duty to Consult with First Nations on exploration rights granted to the mining industry under provincial laws. Resource and energy sector companies operating in Canada should learn a lesson from the Ontario and Yukon experience:  blind reliance on Crown decisions or actions as an assurance that the Crown has met its legal Duty to Consult can lead to consequences ranging from minor delays, to project cancellation – with significant associated costs.

Resource and energy sector companies can pro-actively manage the risk related to the Duty to Consult by:

  • factoring consultation into project schedules, budgets and planning as early as possible;
  • evaluating, through appropriate due diligence, whether the Crown has satisfied its Duty to Consult in the case at hand; and
  • staying informed and engaged with governments and First Nations to ensure that regulatory frameworks that integrate the Duty to Consult do so in a meaningful and commercially practicable way.

BACKGROUND

Duty to Consult 101: The Supreme Court of Canada has confirmed, through a series of decisions since 1990, that both the Federal and the Provincial Crowns have a duty to consult Aboriginal people where a Crown decision or action may adversely affect Aboriginal rights and title.  This Duty to Consult does not need to be expressed in any particular legislation or regulation for it to be of full force and effect; rather, it is an overarching constitutional obligation on the Crown that applies to any decision or activity that may adversely affect claims of Aboriginal rights or title.  Examples of Crown decisions or actions that may trigger the Duty to Consult include the issuance of license, permits or approvals, and grants of rights to Crown resources and land.  Where a court finds the Crown failed to meet its Duty to Consult, it will make an order to remedy that failure.  The remedies available to the court are varied and potentially far-reaching, and may include:

  • injunctions against project proponents preventing activities that had been allowed under a Crown decision;
  • requiring the Crown to reconsider decisions it previously issued in favour of a project proponent; and
  • granting orders requiring legislatures to amend legislation and regulations to properly allow for consultation.

“Free” or “Open” Entry Claims Systems: Many Canadian Provinces and Territories – including New Brunswick and Newfoundland and Labrador – manage their mineral resources through “free” (or “open”) mineral claim systems.  Under this system, prospectors can acquire mineral claims by entering on Crown lands, staking, and then recording, claims.  The mining recorder for each Province or Territory typically has no discretion to refuse a claim that complies with the requirements of the relevant mining legislation and regulations.

Under a “free” entry system, once a claim is recorded, the claim holder must perform certain works as outlined in the applicable regulations to maintain the claim.  Apart from maintaining a registry of claims, the Crown does not become actively involved in the development process until it receives an application to perform certain exploratory work. The exploration activities regulated by subsequent permitting differ by jurisdiction; in certain jurisdictions, a proponent could theoretically proceed with certain exploration activities  – and make certain financial commitments and expenditures accordingly – in strict compliance with the mining legislation and regulations, without the Crown first putting its mind to claims of Aboriginal rights or title.

THE YUKON AND ONTARIO EXPERIENCES

The Yukon Court of Appeal’s Incursion on Free Entry Mining: The Yukon Quartz Mining Act establishes a free entry system for mineral claims in the Yukon Territory.  Under this Act, holders of mineral claims are free to perform “Class 1” exploration, including clearing of land, construction of lines, corridors and temporary trails, without providing notice to the Crown or its officials, or obtaining permits or permission.  Mineral claim holders could thus conduct these activities without notice to, or consultation, with First Nations whose lands are actually – or potentially – affected.

In 2012, the Ross River Dena First Nations Council challenged the constitutionality of the Quartz Mining Act on the basis that the Crown must consult with the First Nation where it proposes to record a mineral claim within a territory subject to Aboriginal rights and title claims.  In December 2012, the Yukon Court of Appeal agreed that the Duty to Consult applies to all claim staking and exploration processes under the Quartz Mining Act that may impact Aboriginal rights and title.  The Court of Appeal gave the Territorial government one year to amend the Quartz Mining Act, or the way in which it implements it, to provide for consultation with and, where appropriate, accommodation of, First Nations at the early stages of mineral claim staking and exploration.  Notably, the Court of Appeal did not make any comment on the impact of its decision on mineral claims already staked.

Click here to read the Yukon Court of Appeal’s decision in Ross River Dena Council v. Government of Yukon.

Ontario’s Implementation of its Duty to Consult under the Mining Act:  The Yukon decision comes on the heels of amendments to the Ontario Mining Act.  These amendments may have been influenced by litigation involving the Wahgoshig First Nation.

In Wahgoshig First Nation v. Ontario, Solid Gold Resources Corp. obtained a mining claim under the Ontario Mining Act (also a free entry system) and conducted exploratory drilling on the Wahgoshig’s traditional territory.  Solid Gold proceeded with its exploration plans despite suggestions by provincial regulators that it undertake certain consultation activities with the Wahgoshig.  The Wahgoshig objected to Solid Gold’s activities on the basis that the Ontario Crown had failed to fulfill its Duty to Consult. The Wahgoshig successfully obtained an injunction against Solid Gold from the Ontario Superior Court.  The Court’s order stopped Solid Gold from carrying out exploration for 120 days, and required Solid Gold and the Province to enter into “meaningful consultation and accommodation” with the Wahgoshig.  Solid Gold is appealing this  decision to the Ontario Court of Appeal, but that Court has not yet heard or decided the appeal.

Click here to read Wahgoshig First Nation v. Ontario.

 

In the meantime, the Provincial Crown was not idle.  Effective November 1, 2012, the Ontario government amended its Mining Act to clearly delegate Aboriginal consultation activities to mining proponents before a claim is registered.  For example, before a proponent can undertake early exploration activities, it must submit an exploration plan to the Crown, notify Aboriginal communities that will potentially be affected, and provide those communities with an opportunity to give feedback before the proponent can carry out the proposed activities. Aboriginal communities can also apply to have sites of Aboriginal significance withdrawn from areas where mining claims can be staked.  The rights associated with Ontario’s “free entry” system are now expressly subject to claim holders’ ability to ensure that effective consultation with potentially affected aboriginal communities has taken place.

 

LESSONS LEARNED: THE BIG PICTURE FOR CANADIAN RESOURCES & ENERGY SECTORS

Some regulators may consider the recent changes in Ontario’s and Yukon’s mining sector as a call to action.  The changes highlight an important lesson that applies to all Canadian resource and energy sectors subject to the decisions and actions of government regulators because they all typically carry on activities with the potential to affect Aboriginal rights and title.

Project proponents in resource and energy sectors cannot rely blindly on regulatory frameworks to provide them with certainty regarding their rights to mineral access, exploration and extraction: if the Crown has not substantively met its Duty to Consult, the regulatory framework is of little comfort.

Where the Crown appears to be managing its Duty to Consult through delegation of certain procedural aspects to proponents, these directions are often fairly new and fluid in nature. Whether explicitly required by regulation or managed on a case-by-case basis by regulators, such regulatory requirements can amount to important costs and delays for proponents.  In any case, project proponents should thoroughly examine the effectiveness of such delegation because the Crown’s failure to fulfill its Duty to Consult can result in even more significant roadblocks.

Resource and energy sector companies can pro-actively manage the risk with regards to the Duty to Consult by:

  • factoring consultation into project schedules, budgets and planning as early as possible;
  • evaluating, through appropriate due diligence, whether the Crown has satisfied its Duty to Consult in the case at hand; and
  • staying informed and engaged with governments and First Nations to ensure that regulatory frameworks that integrate the Duty to Consult do so in a meaningful and commercially practicable way.

Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Energy & Natural Resources Team or our McInnes Cooper Aboriginal Law Team to discuss this topic or any other legal issue.


 McInnes Cooper has prepared this document for information only; it is not intended to be legal advice.  You should consult McInnes Cooper about your unique circumstances before acting on this information.  McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2013.  All rights reserved.  McInnes Cooper owns the copyright in this document.  You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it.  You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Click here to request our consent.

McInnes Cooper uses your contact information to give you information about topics and events in which you may be interested.  We do not share your contact information, except with subcontractors who agree to follow our privacy policy and rules. Click here to let us know if you do not want us to use your contact information in this way.

Share

Print
View Related Content

Related Services

  • Aboriginal and Indigenous Law
  • Agribusiness
  • Administrative Law
  • Energy and Natural Resources
  • Fish and Seafood Industry
  • Maritime Law
  • Public Law

Related Industries

  • Agribusiness
  • Fish, Seafood & Aquaculture Industry

Related Publications

View All Publications
  • Fair Registration Practices Legislation: 4 Key FAQs for Regulators

    Jan 18, 2023

    Regulatory bodies across Canada are finding themselves subject to increased scrutiny in light of concerns surrounding workforce shortages,…

    Read More
    Publication
  • Self-Determination Success: Indigenous Government Has Parliamentary Privilege

    Dec 6, 2022

    On September 22, 2022, the N.L. Supreme Court confirmed the Nunatsiavut Assembly is a legislative body that holds all privileges, immunities,…

    Read More
    Publication
  • N.L. Decision Demonstrates Why Legal Literacy of Regulators Matters

    Nov 8, 2022

    The October 3, 2022, decision of the Newfoundland and Labrador Court of Appeal to dismiss the decision of the Newfoundland and Labrador Pharmacy…

    Read More
    Publication
  • Delay in Administrative Proceedings: 4 Key Take-Aways for Decision-Makers

    Jul 18, 2022

    The Supreme Court of Canada’s “Jordan” framework, introducing strict timelines for determining unreasonable delay in the context of…

    Read More
    Publication
  • Court Rules in Favour of Non-Indigenous Interests in Lucrative Elver Fishery

    Jun 24, 2022

    The New Brunswick Court of Queen’s Bench has issued a court order to stop Indigenous fishers (all apparently members of the Wolastoqey Nation)…

    Read More
    Publication
  • Aquaculture Regulatory Decisions: The Critical Role of Industry Engagement

    Jun 6, 2022

    The Federal Court’s April 22, 2022 decision in Mowi Canada West Inc. v. Canada (Fisheries, Oceans and Coast Guard) has implications for the…

    Read More
    Publication
  • Advance Costs: Indigenous Perspective Pivotal in “Pressing Needs” Analysis

    Mar 31, 2022

    On March 18, 2022, the Supreme Court of Canada confirmed that an Indigenous government can still satisfy the impecuniosity requirement for an…

    Read More
    Publication
  • Webinar | Growing Out Atlantic Canada’s Aquaculture Industry

    Oct 19, 2021

    Canada’s aquaculture industry is poised for growth but that growth is being challenged by regulatory uncertainty and a lack of confidence…

    Read More
    Webinar
  • The Duty to Consult Indigenous Groups: 5 FAQs

    Jun 21, 2021

    There is a duty to consult Indigenous groups when the Crown contemplates actions that may adversely affect their rights under section 35 of the…

    Read More
    Publication
  • R. v. Desautel: Canadian Constitution Protects Non-Citizen Aboriginal People

    May 10, 2021

    The Supreme Court of Canada continues to expand the scope of Aboriginal rights. On April 23, 2021, in R. v. Desautel, for the first time the…

    Read More
    Publication
  • The Indigenous Right to a Moderate Livelihood: A Need for Clarity

    Jan 20, 2021

    This publication has been updated as at July 8, 2022. 2020 was a year filled with challenges, including in the relationship between…

    Read More
    Publication
  • Final Fisheries Regulation Amendments: 3 Key Issues Addressed

    Dec 22, 2020

    The long-awaited amendments to federal fisheries regulations codifying key aspects of the Department of Fisheries & Oceans (DFO) PIIFCAF…

    Read More
    Publication
  • CSA Staff Notice 51-359: Corporate Governance Compliance by Public Cannabis Co.’s

    Jan 22, 2020

    All issuers must comply with both periodic and ongoing securities law corporate governance (and other) disclosure requirements. This can,…

    Read More
    Publication
  • Proposed Fisheries Regulation Amendments Target Fish Processors & Buyers

    Jan 15, 2020

    NOTE: In December 2020, the federal government published the long-awaited final amendments to federal fisheries regulations codifying key…

    Read More
    Publication
  • 5 Key FAQs About Canadian Cannabis Company “Key Investor” Disclosure Requirements

    Jun 26, 2019

    Information disclosure is a key theme that emerges from Canada’s new cannabis regulatory regime: the government wants lots of information from…

    Read More
    Publication
  • Atlantic Canada Seafood Processing Mergers & Acquisitions: 3 Due Diligence Tips

    Apr 29, 2019

    The growing global population is feeding global demand for seafood. Growing demand is likely to drive investment, particularly mergers and…

    Read More
    Publication
  • Cannabis Compliance: 3 Tips to Help Cannabis Industry Reporting Issuers Comply with Securities Law Disclosure Obligations

    Nov 16, 2018

    Companies engaged in the cannabis supply chain are highly regulated by federal and provincial cannabis-specific laws as well as a myriad of…

    Read More
    Publication
  • The Evolving Duty to Consult Indigenous Peoples: N.S. Court Recognizes a “Duty of Enforcement Consultation” in R. v. Martin

    Jun 29, 2018

    The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…

    Read More
    Publication
  • A Whale of a Change: 5 of the Key Changes DFO Proposes to Canada’s Fisheries Act

    Feb 9, 2018

    NOTE: On June 21, 2019, Bill C-68, An Act to Amend the Fisheries Act and other Acts in consequence, took effect.  On February 6, 2018, Bill…

    Read More
    Publication
  • Williams Lake Indian Band v. Canada: Crown Breached Fiduciary Duty to Indigenous Community – in 1858

    Feb 8, 2018

    Over the past 15 years, most of the Supreme Court of Canada’s decisions respecting Indigenous Peoples in Canada have revolved around the…

    Read More
    Publication
  • Balance Between Public & Operator Interests in Offshore Petroleum Resources Data is Set

    Nov 30, 2017

    On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the decision…

    Read More
    Publication
  • Supreme Court of Canada Tackles Freedom of Religion & the Duty to Consult in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)

    Nov 7, 2017

    On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation’s claim that a Ministerial decision to approve a project…

    Read More
    Publication
  • Canada Has Other Fish to Fry Between NAFTA Negotiation Rounds: CETA Provisionally Effective September 21, 2017

    Oct 11, 2017

    The fourth round of NAFTA negotiations is set to start on October 11, 2017. But in the meantime, the Canada-European Union Comprehensive…

    Read More
    Publication
  • Proposed N.S. Marine Renewable Energy Act Amendments: New Demonstration Permit for Marine Renewable Energy in Wind & Waves

    Oct 6, 2017

    On October 5, 2017, the N.S. government took another step toward creating a globally competitive marine renewable energy industry and associated…

    Read More
    Publication
  • Charting a Course for Good Governance of Canada’s Emerging Ocean Economy | Offshore Aquaculture and Ocean-based Renewable Energy

    Sep 29, 2017

    Atlantic Canada is at a turning point. The region’s history and economic development have historically been inextricably linked to the ocean.…

    Read More
    Publication
  • Crown Can Rely on National Energy Board to Fulfill its Duty to Consult

    Jul 28, 2017

    All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…

    Read More
    Publication
  • Making Waves: What CETA means for Atlantic Canadian Fisheries

    Jul 11, 2017

    The Canada-European Union Comprehensive Economic Trade Agreement (CETA) is making waves in Canada, and for good reason: it casts the net of…

    Read More
    Publication
  • Canada v. Mikisew Cree First Nation: Court to Decide Whether Duty to Consult Also Applies Before Legislation is Enacted

    May 26, 2017

    On May 19, 2017, the Supreme Court of Canada agreed to hear the appeal of the Federal Court of Appeal’s 2016 decision in Canada v Mikisew Cree…

    Read More
    Publication
  • Anti-Corruption Law Exposes Payments to Governments Under Extractive Sector Transparency Measures Act

    May 11, 2017

    The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…

    Read More
    Publication
  • Appeal Court Maintains Balance Between Public & Operator Interests in Offshore Petroleum Resources Data

    May 1, 2017

    NOTE: On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the…

    Read More
    Publication
  • Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare

    Apr 20, 2017

    On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

    Read More
    Publication
  • Register Before You Lobby in N.B. under Lobbyists’ Registration Act

    Apr 5, 2017

    NOTE: Consultants who were already lobbying and in-house lobbyists already employed by an organization when the new Act took effect were…

    Read More
    Publication
  • Go Deep: How International Legal Reform Can Prevent Legal Uncertainty from Hindering Offshore Wind & Aquaculture Growth

    Mar 31, 2017

    Legal uncertainty is never a good thing for industry: it’s a barrier to investment, and thus an adversary to growth. Unfortunately, the law is…

    Read More
    Publication
  • The Atlantic Link: 5 Key Questions About the Electrifying Opportunity to Connect to a New Renewable Energy Market

    Jan 13, 2017

    On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…

    Read More
    Publication
  • The Top Three Atlantic Canada Offshore Legal Developments of 2016

    Dec 20, 2016

    As 2016 draws to a close, Oil & Gas Team @ McInnes Cooper offers its picks for the top three legal developments of 2016 that impacted the…

    Read More
    Publication
  • Newfoundland & Labrador’s New Public Procurement Act

    Dec 19, 2016

    On December 14, 2016, Bill 46 and the Newfoundland and Labrador Public Procurement Act became law. The new Act isn’t yet in effect, however,…

    Read More
    Publication
  • Time to Shine: Nova Scotia to Launch Solar Energy Pilot Program in 2017

    Dec 15, 2016

    On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…

    Read More
    Publication
  • 10 Steps to Anticipate Citizens’ Challenges to New Developments

    Dec 7, 2016

    Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…

    Read More
    Publication
  • Newfoundland & Labrador: A New Public Procurement Act for 2017

    Dec 5, 2016

    It’s been a long time coming, but Newfoundland and Labrador is finally getting new public procurement legislation. On November 29, 2016, Bill…

    Read More
    Publication
  • Public & operator interests in offshore petroleum resources data: Where will the balance be struck? in Geophysical Service Incorporated (GSI) v. Encana Corporation

    Nov 9, 2016

    The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…

    Read More
    Publication
  • Supreme Court of Canada Decides Indian Bands Assessing Leased Reserve Lands for Property Tax Purposes Can’t Have it Both Ways in Musqueam Indian Band v. Musqueam Indian Band (Board of Review)

    Sep 12, 2016

    On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…

    Read More
    Publication
  • DFO Decides “Last In, First Out” Policy (LIFO) is Out

    Jul 7, 2016

    On July 6, 2016, the Federal Department of Fisheries and Ocean’s (DFO) accepted the Ministerial Advisory Panel (MAP) recommendation in the…

    Read More
    Publication
  • Municipal Liability for ByLaw Enforcement: A Bylaw’s Not a Bylaw in Vlanich v. Typhair

    Jul 5, 2016

    The Ontario Court of Appeal has re-ignited the discussion about when a municipality will be held liable for its shoddy bylaw enforcement…

    Read More
    Publication
  • Weigh Now or Weight Later: New Cargo Container Verified Gross Mass (VGM) Rules Effective July 1, 2016

    Jun 20, 2016

    As of July 1, 2016, packed cargo containers to which the International Convention for the Safety of Life at Sea (SOLAS), Chapter VI, Regulation…

    Read More
    Publication
  • The Parameters of Municipal Power: Supreme Court of Canada Decides Municipality Can’t Block Radiocommunication Tower Construction

    Jun 17, 2016

    In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…

    Read More
    Publication
  • FAQs About AMPs (Administrative Monetary Penalties) in the Canadian Offshore

    Jun 10, 2016

    Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…

    Read More
    Publication
  • Supreme Court of Canada Decides Income Tax Act Sections are Unconstitutional – and Strengthens Solicitor-Client Privilege in Canada (Attorney General) v. Chambre des notaires du Québec & Canada (National Revenue) v. Thompson

    Jun 6, 2016

    On June 3, 2016, the Supreme Court of Canada, in two related decisions, strengthened the legal protection of solicitor-client privilege in…

    Read More
    Publication
  • Assertion of Aboriginal Right Does Not Automatically Confer Eligibility to Appeal a Regulatory Approval

    Jun 6, 2016

    On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…

    Read More
    Publication
  • The East Coast Duty to Consult Indigenous Peoples

    Jun 6, 2016

    Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…

    Read More
    Publication
  • Newfoundland & Labrador Crown Immunity for Mechanics’ Lien Holdbacks: 3 Key Risks for Subcontractors in Brook Construction (2007) v. Blackwood Contractors Ltd.

    May 24, 2016

    It’s now certain: in Newfoundland & Labrador, liens can’t be placed on Crown land or holdbacks with the possible exemption allowing for…

    Read More
    Publication
  • Supreme Court of Canada Decides Federal Government Has Legislative Authority Over Métis & Non-Status Indians

    Apr 19, 2016

    On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…

    Read More
    Publication
  • Energy Safety and Security Act (ESSA): 7 Key Changes Toughen Up Atlantic Offshore and North Oil & Gas Regulatory Regime

    Feb 15, 2016

    On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…

    Read More
    Publication
  • NB Kicks-off First Request for Expressions of Interest from Aboriginal Businesses Under New Electricity from Renewable Resources Regulation

    Feb 1, 2016

    On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…

    Read More
    Publication
  • Offshore Oil and Gas Decommissioning Best Practices

    Dec 21, 2015

    A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…

    Read More
    Publication
  • University of Calgary, The School of Public Policy Research Paper – Canada, The Law of the Sea Treaty and International Payments: Where Will the Money Come From?

    Sep 8, 2015

    The United Nations Convention on the Law of the Sea requires parties, of which Canada is one, to make payments in respect of oil production on…

    Read More
    Publication
  • A Glimpse Into The Future of Privacy Law: Medical Marijuana Privacy Breach Class Action Lawsuit Can Go Ahead in John Doe and Suzie Jones v. Her Majesty the Queen

    Jul 29, 2015

    On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…

    Read More
    Publication
  • The Changing Face of Aboriginal Law: 1 Short Year, 2 Big Court Decisions, 3 Key Implications for the Energy & Natural Resources Sector

    Jul 17, 2015

    On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…

    Read More
    Publication
  • Unproven Aboriginal Rights Enough For Lawsuit Against Private Industry

    Jul 10, 2015

    On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…

    Read More
    Publication
  • SCC Gives Municipalities (& Other Government Authorities) 3 Reasons Not to Say A Little Prayer in Mouvement laïque québécois v. Saguenay (City)

    Apr 15, 2015

    On April 15, 2015 the Supreme Court of Canada decided the City of Saguenay’s recitation of a religious - though non-denominational – prayer…

    Read More
    Publication
  • Supreme Court of Canada Says the Charter Protects the Right to Strike in Saskatchewan Federation of Labour v. Saskatchewan

    Feb 2, 2015

    On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…

    Read More
    Publication
  • SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada

    Jun 26, 2014

    On June 26, 2014, in its groundbreaking decision on Aboriginal title in Read the SCC’s decision in Tsilhqot’in Nation v. B.C., 2014 SCC 44,…

    Read More
    Publication
  • Court Orders Feds to Reconsider Canadian Forces Housing Compensation Policy in Brauer v. The Queen

    May 26, 2014

    On May 23, 2014 the Federal Court of Canada decided the Federal Treasury Board Secretariat’s interpretation of the policy for compensating…

    Read More
    Publication
  • Privacy Trumps Safety: SCC Strikes Down Mandatory Random Alcohol Testing Policy

    Jul 2, 2013

    On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…

    Read More
    Publication
  • Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population in Moore v. British Columbia (Education)

    Jan 8, 2013

    On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and…

    Read More
    Publication
  • A Review of the Project Scope and Environmental Assessment Scope for Mining and Energy Projects Across Canada

    Apr 6, 2010

    Carole Chan was the Co-author of the following publication: A Review of the Project Scope and Environmental Assessment Scope for Mining and…

    Read More
    Publication

Stay Updated

Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.

Connect With Us:
  • Follow us on Twitter @mcinnescooper
  • Like us on Facebook @mcinnescooperlaw
  • Join us on LinkedIn @mcinnes-cooper
  • 1.866.439.6246
  • Privacy Policy
  • Copyright © 2023 — McInnes Cooper
Lex Mundi Logo MC Advisory Logo