The 2008 edition also includes discussion of the following new
cases and legislation:
- R v. Morris (S.C.C.) (Hunting methods and treaty rights)
- McDiarmid Lumber Ltd. v. God’s Lake First Nation (S.C.C.)
(Seizure of band funds provided by the Department of Indian Affairs located in
an off-reserve bank.)
- A number of significant decisions on the duty to consult and
accommodate including:
- Dene Tha' First Nation v. Canada (Minister of Environment),
(F.C.) (Consultation for a Band in Alberta with respect to its traditional
territory in the Northwest Territories.)
- Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation,
(Ont. Sup. Ct.) (Unsuccessful negotiations and accommodation without consent.)
- Hiawatha First Nation v. Ontario (Minister of Environment),
(Ont. Div. Ct) (Consultation for burial sites in surrendered territory.)
- Native Council of Nova Scotia v. Canada (Attorney General),
(F.C.) (Consultation with off-reserve native people over fishing rights.)
- Henco Industries Ltd. v. Haudenosaunee Six Nations
Confederacy Council, (Ont. C.A.) (Duty to negotiate during execution of
injunction to remove protesters.)
The legislation cited is current to Canada Gazette vol. 141 no.
19 (September 19, 2007).
This is an annual publication. The 2008 edition
was released December 2007. |
