Category Archives: Constitutional Law

Supreme Court of Canada: Aboriginal Title Can Be Grounded in Semi-nomadic Occupation

The Supreme Court of Canada (SCC) released its decision today in the case of Tsilhqot’in Nation v. British Columbia, 2014 SCC 44. In a decision that will have far-reaching implications for Aboriginal title in Canada, the SCC answers, for the first time, the question, how … Continue reading

More Galleries | Tagged , , , , , | Leave a comment

The Non-Polluter Pays: Creditor Roulette and Director Liability

In our post dated December 7, 2012, Provincial Clean-up Orders Can be Stayed and Compromised in  Canadian Insolvencies, we discussed the decision of the Supreme Court of Canada in Newfoundland and Labrador v. AbitibiBowater Inc. (Abitibi). That case decided that provincial environmental clean-up orders … Continue reading

More Galleries | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

December 7, 2012 – Provincial Clean-up Orders Can be Stayed and Compromised in Canadian Insolvencies

In its decision released on Friday December 7 , 2012, the Supreme Court of Canada held that provincial environmental clean-up orders may be “claims” that can be  stayed and compromised under the federal Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”). In Newfoundland … Continue reading

More Galleries | Tagged , , , , , , , , , , , , , | 1 Comment

September 24, 2012 – BC Court of Appeal confirms municipalities’ exemption from constitutional duty to consult Aboriginal peoples.

British Columbia’s Court of Appeal has endorsed a significant loophole in the constitutional duty to consult Aboriginal peoples by confirming that the grant of powers to municipalities by provinces does not automatically carry with it the power and duty to consult. … Continue reading

More Galleries | Tagged , , , , , , , , , , , , , , , , | 2 Comments

September 7, 2012 – Paul Manning to speak at SSX 2012

Ontario’s Feed-in Tariff program and documentation have been substantially revised. There are significant advantages for Aboriginal Communities under FIT 2.0. I will be speaking this Friday at SSX ONTARIO: Solar Summit & eXpo! on the opportunities and challenges of partnering … Continue reading

More Galleries | Tagged , , , , , , , , , | Leave a comment

July 12, 2012 – What does Canada’s federal budget mean for Aboriginal environmental rights?

In our post dated June 27, 2012: Canada’s Federal Budget: Sensible Streamlining or Unwarranted Removal of Environmental Protection we discuss the implications of the recent federal budget bill for environmental protection in Canada. Aboriginal groups are among several who have … Continue reading

More Galleries | Tagged , , , , , , , , , , , , , , | 2 Comments

June 18-19, 2012 – Paul Manning will give two papers at the Canadian Institute’s Course: “Fundamentals of Aboriginal Law”

Paul Manning will give two papers  at the Canadian Institute’s Course: “Fundamentals of Aboriginal Law” on Monday, June 18, 2012. His  topics will be the Interpretation of Aboriginal Treaty Rights in Canada and The Constitutional Protection of Aboriginal Rights in … Continue reading

More Galleries | Tagged , , | Leave a comment

March 22, 2012 – First Review of Ontario’s Feed-in Tariff Program Slashes Cash for Wind and Solar

Ontario’s government announced today that it will implement all of the recommendations of the first review of its Feed-in-Tariff (FIT) Program (Review) As widely anticipated, there are  substantial reductions in the FIT rates payable for solar and wind-powered renewable energy … Continue reading

More Galleries | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

December 16, 2011 – Historic Settlement of First Nation Land Claim

Fort William First Nation, Canada and Ontario have reached an historic negotiated settlement that resolves the First Nation’s Boundary Claim. The settlement for the Boundary Claim includes the payment to Fort William First Nation (FWFN) of approximately $149 million in financial … Continue reading

More Galleries | Tagged , , , , , , , , , , | Leave a comment