Tag Archives: Duty to Consult

Crown not bound to consult Aboriginal peoples on changes to law: Supreme Court of Canada

In Mikisew Cree First Nation v. Canada, the Supreme Court of Canada had to consider whether the Crown has a duty to consult Aboriginal peoples when deciding on changes to laws that may harm their treaty rights, and whether courts have a … Continue reading

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Major Blow to Transmountain Pipeline Expansion as Federal Court of Appeal Quashes Government Approval

In a first but telling blow for the Transmountain Pipeline Expansion project, the Federal Court of Appeal issued its decision today in the appeal of Tsleil-Waututh Nation v. Canada (Attorney General) quashing the Federal Government’s Order in Council approving the project. The … Continue reading

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Northern Gateway Pipeline Requires Provincial Environmental Approval

We are pleased to publish this guest post from our friends and colleagues at Siskinds LLP where the author Paula Boutis is a lawyer practising with the environmental law group. A BC court has declared that an agreement (Agreement) between the … Continue reading

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Federal Court: Canada had duty to consult First Nation on changes to environmental legislation

In a series of posts in 2012, we reported on the Harper government’s wholesale changes to Canada’s federal environmental legislation in its federal omnibus budget implementation bills C-38 and C-45 (Omnibus Bills). In a decision released last month in Courtoreille v. Canada, the … Continue reading

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Paul Manning to Speak at Insight’s 8th Annual Aboriginal Energy Forum

I am pleased to be speaking again this year at Insight’s 8th Annual Aboriginal Energy Forum. The conference will be held in Toronto on December 4 and 5, 2014. I will be speaking on Friday 5 in the session “Getting to yes”. … Continue reading

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August 7, 2013 – Ontario Energy Board selects transmitter for East-West Tie Line development work

Toronto – In the first designation of its kind,  Ontario Energy Board  announced today its choice of Upper Canada Transmission Inc. as the transmitter to complete development work for the East-West Tie Line. The East-West Tie Line is a major new electricity … Continue reading

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February 2013 – Manning Environmental Law Speaking Engagements

February 7, 2013 – Paul Manning is a panelist on Major Projects and the Duty to Consult in the Aboriginal Law session of the Ontario Bar Association’s Institute 2013. The Institute  takes place at Westin Harbour Castle Conference Centre, 2 Harbour Square, … Continue reading

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December 6, 2012 – Paul Manning to Speak at Insight’s 6th Aboriginal Energy Forum

Paul Manning, principal at Manning Environmental Law, and Margaret Buist, Director General, Lands and Environmental Management, Aboriginal Affairs and Northern Development, will speak at Insight’s 6th Annual Aboriginal Energy Forum on 6th December, 2012. In their session Implications of Amendments to the Environmental Assessment … Continue reading

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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

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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

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