Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: Aboriginal

Supreme Court Dismisses Aboriginal Spiritual Rights Charter Claim

Posted in Aboriginal, Supreme Court of Canada

The Supreme Court of Canada (SCC) released a decision on November 2, 2017 dismissing a novel Aboriginal freedom of religion Charter claim that was raised in opposition to a ski resort development in British Columbia: Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (Ktunaxa).  This is a significant case as it is the first time the SCC has been asked to consider an Aboriginal spiritual rights claim and the protections that may be afforded to it under s. 2(a) of the Charter in addition to s. 35 of the … Continue Reading

Appeals Court Overturns Damages Award to Proponent for Aboriginal Blockade

Posted in Aboriginal, Environmental, Mining

The following post by Bryn Gray and Stephanie Axmann on our Mining Prospects blog may be of interest to our readers of this blog: Appeals Court Overturns Damages Award to Proponent for Aboriginal Blockade

The article addresses the BC Court of Appeal’s recent decision, Moulton Contracting Ltd. v. British Columbia, 2015 BCCA 89, which overturns a significant trial decision that had ordered the province of British Columbia to pay damages to a logging company arising from a blockade by members of a Treaty 8 First Nation.… Continue Reading

This Week at the SCC (21/11/2014)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

This was a busy week at the Court, with the release of one oral decision, and eight leave-to-appeal rulings, all likely to be of interest to Canadian businesses and professionals.

The Court granted an oral decision in British Columbia Teachers’ Federation v. British Columbia Public School Employers’ Association, 2014 SCC 70.  The SCC reversed the ruling of the BCCA on the grounds that the lower court had failed to give adequate deference to an arbitrator’s interpretation of a collective agreement, and had failed to recognize the differences between the purposes underlying pregnancy benefits and parental benefits.… Continue Reading

Grassy Narrows First Nation v. Ontario (Natural Resources) – SCC affirms Ontario’s taking up of treaty lands for resource development purposes

Posted in Aboriginal, Mining

The following Mining Prospects blog post by Sam Adkins and Stephanie Axmann may be of interest to our readers:

Grassy Narrows First Nation v. Ontario (Natural Resources) – SCC affirms Ontario’s taking up of treaty lands for resource development purposes

 … Continue Reading

This Week at the SCC (10/05/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

The Supreme Court of Canada issued one decision of interest to Canadian businesses and professions this week.

In Behn v. Moulton Contracting Ltd., 2013 SCC 26, the Court affirmed the B.C. Court of Appeal’s finding that the Behns, as individual members of an Aboriginal community, did not have standing to assert collective rights in their defence, as only the community could raise such rights.

The Crown granted logging licences to a forest company to harvest timber in two areas on the territory of the Fort Nelson First Nation in British Columbia. The licences were opposed by George Behn and … Continue Reading

The Second Opinion: Ontario Court of Appeal Rejects “Conditional” Certification of Class Actions

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

The Ontario Court of Appeal has released a new ruling which holds that motion judges do not have jurisdiction to “conditionally” certify class actions that fail to disclose a cause of action under s. 5(1)(a) of the Ontario Class Proceedings Act (“CPA“).

The decision in Brown v. Canada (A.G.), 2013 ONCA 18 concerns a proposed class action against the federal government, which alleges that it wrongfully delegated its duties in respect of Aboriginal persons by entering into an agreement (the “1965 Agreement”) that enabled the province of Ontario to place thousands of Aboriginal children in non-aboriginal foster care … Continue Reading