First Peoples Law is dedicated to defending and advancing Indigenous peoples' Aboriginal title, rights and Treaty rights.

Top 5 Aboriginal Law Decisions of 2015

January 1, 2016

By Bruce McIvor

Here’s our list of most important Aboriginal law decisions of 2015.

1. Saik’uz First Nation v. Rio Tinto, 2015 BCCA 154
  • Following on the 2014 Uashaunnuat decision from Quebec, Saik’uz confirmed a First Nation’s right to bring an action against a third party based on still to be proven Aboriginal title and rights.
2. Chartrand v. British Columbia, 2015 BCCA 345
  • Chartrand confirmed the Crown’s obligation to consult with Treaty First Nation’s about their unrecognized Aboriginal title and rights.
3. Descheneaux c. Canada (Procureur Général), 2015 QCCS 3555
  • A successful Charter challenge to the Indian Act’s registration provisions.
4. R. v. Daybutch, 2015 ONCJ 302
  • A successful Charter challenge to the Ontario provincial government’s failure to implement the Gladue restorative justice principles.
5. Fort Nelson First Nation v. British Columbia, 2015 BCSC 1180
  • A successful duty to consult challenge to an environmental assessment scoping decision.

Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation.

For more First Peoples Law comments see our publications page

Follow us on   @firstpeopleslaw

Post a Comment