Indigenous Law Blog Indigenous Law Blog

Recent decisions on the duty to consult, treaty rights and legislative updates

We discuss a few recent decisions and new legislation affecting the duty to consult and treaty rights.

Key legal updates on Aboriginal rights

The doctrine of Aboriginal rights continues to evolve.

Recent developments in Aboriginal title

After some major recent decisions, the legal doctrine of Aboriginal title continues to evolve.

From consultation to consent: the integration of UNDRIP in Canadian law

A recent decision on a nuclear disposal facility considers how the UNDRIP principles should be interpreted in the context of Canadian laws.

Supreme Court clarifies abuse of process in Aboriginal claims

A recent SCC decision clarifies the application of the abuse of process doctrine in cases involving Indigenous litigants and the duty to consult.

Hydro-Québec held liable under principle of honour of the Crown

The Québec Superior Court has reinforced the need for greater respect in negotiations between agents of the Crown and Indigenous communities.

Drawing a line in the sand: Ontario Court of Appeal rules part of Sauble Beach belongs to Chippewas of Saugeen First Nation

The Ontario Court of Appeal has ruled that part of Sauble Beach belongs to the Chippewas of Saugeen First Nation.

Canada and Manitoba Métis Federation sign landmark self-government treaty

We discuss the main elements of the landmark self-government treaty and remaining areas of uncertainty.

All roads lead to the Crown: the intersection of Aboriginal title and fee simple land

A November 2024 decision held that Aboriginal title could be declared over land owned by private companies in the province.

‘Agreements must be kept’: Supreme Court applies the honour of the Crown to contracts with Indigenous Peoples

The Supreme Court found that the honour of the Crown can be engaged when governments enter into contracts with Indigenous Peoples.