Aboriginal Law

Saskatchewan v Métis Nation: SCC on Multiple Proceedings, Duty to Consult, and Abuse of Process

The Supreme Court of Canada (“SCC”) has dismissed the appeal in Saskatchewan (Environment) v Métis Nation, 2025 SCC 4 [Métis Nation]. A unanimous court found that proceedings for judicial review which raise similar issues to ongoing or past litigation do not inherently amount to an abuse of process. In doing so, the SCC has clarified the extent to […]

Contracts and Reconciliatory Justice: Quebec v Pekuakamiulnuatsh Takuhikan

In Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 [PT], the Supreme Court of Canada (“SCC” or the “Court”) developed a test to determine when contracts between the state and Indigenous entities engage the honour of the Crown. Applying this test to tripartite agreements between Canada, Quebec, and the Pekuakamiulnuatsh First Nation, the Court found Quebec liable […]

APPEAL WATCH: Mohawk Council of Kanesatake v. Sylvestre On The Right To Seize Band Property

APPEAL WATCH: MNS v Saskatchewan (Environment) on Land Claims and Judicial Review

APPEAL WATCH: SCC to Rule on Fair Funding of Indigenous Police Services

SCC to Address Indigenous Peoples’ Inherent Right to Self-Govern in Bill C-92 Reference

Editor’s Note: The author’s analysis of Renvoi à la Cour d'appel du Québec relatif à la Loi concernant les enfants, les jeunes et les familles des Premières Nations, des Inuits et des Métis, 2022 QCCA 185 [QCCA Reference] is based on an unofficial English translation of the opinion of the Quebec Court of Appeal (“QCCA” […]

Appeals Watch: Clashing Constitutional Principles — SCC grants leave in Cindy Dickson v Vuntut Gwitchin First Nation

Introduction   On April 24th, 2022, the Supreme Court of Canada (“SCC”) granted an application for leave in the case of Cindy Dickson v Vuntut Gwitchin First Nation, 2021 YKCA 5 [Vuntut Gwitchin First Nation]. The case decided at the Yukon Court of Appeal (“YCA”) in July 2021 is one of a few that has […]

Anderson v Alberta: The SCC Revises the Test for “Impecuniosity” and Advance Legal Costs in the Era of Reconciliation

The Supreme Court of Canada (“SCC” or “The Court”) has modified the threshold of “impecuniosity” where a First Nations government seeks advance cost awards in litigation against the federal or provincial governments. In the unanimous decision of Anderson v Alberta, 2022 SCC 6 [Anderson], the Court determined that a First Nations government which has access […]

Appeal Watch: Crown must increase annual payments to its Anishinaabe treaty partners in Restoule v Canada

Southwind v Canada: Assessing Equitable Compensation for Taken Indigenous Land

In 1929, the creation of electrical power for Winnipeg, Manitoba resulted in the destruction of land, livelihood and community for a nearby Indigenous group. Nearly a century later, this government decision was the subject of a Supreme Court of Canada ruling. In Southwind v Canada, 2021 SCC 28 [Southwind], the question of equitable compensation — […]