Category Archives: Author: Peter Vicaire

No Axes To the Taxes – Marcinyshyn v. R.

Marcinyshyn v. R was recently handed down by the Tax Court of Canada – and is really just more of the same.  The aboriginal appellants were denied tax relief because of the failed “connecting factors” test, notwithstanding their argument that the test has become … Continue reading

Posted in Aboriginal Rights, Author: Peter Vicaire, Indian Act, Supreme Court of Canada, taxation | Leave a comment

Self-Government For Mi’kmaq in Nova Scotia?

CTV recently released (October 4) a tiny story on what could be a monolithic advancement for the Mi’kmaq of Nova Scotia, and in turn for aboriginals throughout Canada.  Here’s the story.  However, be forewarned, this small piece, not even 200 words, … Continue reading

Posted in Aboriginal Rights, Author: Peter Vicaire, Indian Act, Legislation, Tribal Codes, tribal constitutions, tribal courts | Leave a comment

Ontario Superior Court of Justice Adds Two Schools To Residential Schools Settlement Agreement

Stirland Lake and Cristal Lake have been added to the already 130+ number of schools that have been identified and listed under Schedules “E” or “F” of Canada’s Residential Schools Settlement Agreement.  Here’s the decision, Fontaine v. Canada (Attorney General). 

Posted in Author: Peter Vicaire, Education | Tagged | Leave a comment

British Columbia Court of Appeal Dismisses Vancouver’s Appeal Against Musqueam Indian Band

The court didn’t agree with the Greater Vancouver Regional District’s argument that the recent Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act was ultra vires the province’s power because “it is, in pith and substance, a law in relation to … Continue reading

Posted in Aboriginal Rights, Author: Peter Vicaire, Land Claim Negotiations, Legislation | Tagged , | 1 Comment

Tzeachten First Nation v. Canada Lands Co.

An application by Canada Lands Co. to dismiss an action brought by Chief Joe Hall on behalf of the members of Tzeachten First Nation, the Skowkale First Nation and the Yakweakwioose First Nation, was rejected by the British Columbia Supreme Court.  Canada Lands … Continue reading

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Campbell v. British Columbia: Costs Awarded To Crown and Sunshine Logging

There’s no legal sunshine for the unsuccessful aboriginal petitioners (Sinixt Nation Society, Representative Body of the Sinixt Nation) who were not only deemed to have no standing back in February, but now the B.C Supreme Court has also awarded costs to … Continue reading

Posted in Aboriginal Rights, Author: Peter Vicaire, Environmental | Tagged , , | Leave a comment

Louis v. British Columbia: Crown Acted Honourably – Discharged Its Duty To Consult Obligation

It looks like Chief Reginald Louis and members of the Stellat’en First Nation are out of luck.  They sought judicial review and a number of orders on the basis that the provincial Crown (B.C. Ministry of Energy, Mines and Petroleum Resources) failed to adequately and meaningfully consult … Continue reading

Posted in Aboriginal Rights, Author: Peter Vicaire, Environmental, Land Claim Negotiations, treaty rights | Tagged | 1 Comment

Sun Peaks Resort Added as Respondent In Forthcoming “Duty to Consult” Appeal

Back in March, we reported on the Adams Lake Band’s successful duty to consult petition.  Recently, in that same case, the Sun Peaks Resort was successful in being added as a respondent in the appeal.  Here it is.

Posted in Aboriginal Rights, Author: Peter Vicaire, Land Claim Negotiations | Tagged | 1 Comment

Updated Canadian Supreme Court Justice Stats

Here’s the updated stats  for the Supreme Court of Canada’s justices after the recent R. v. Bastien; R. v. Dubé  and Peavine Metis Settlement v. Alberta decisions.  They now range from 27.2% (LeBel)  all the way to 50% (Rothstein and Cromwell) in favor of … Continue reading

Posted in Author: Peter Vicaire, Supreme Court, Supreme Court of Canada | 1 Comment

Gitxsan Nation v. Gitxsan Treaty Society: No Reasonable Cause of Action

A British Columbia Supreme Court judge recently dismissed an action by the Gitxsan Nation against the Gitxsan Treaty Society (“GTS”) (oppression); Canada and British Columbia (breach of fiduciary duty and of duty of honour) and; the British Columbia Treaty Commission (negligence). The plaintiffs’ … Continue reading

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