Articles by Bridget Gilbride
Secession Referendum Halted: Alberta Must Consult First Nations Before Proceeding
Bridget Gilbride’s articles from Fasken are most popular: in Canada Fasken are most popular: within Criminal Law and Law Department Performance topic(s) with Senior Company Executives, HR and Inhouse Counsel with readers working within the Insurance, Healthcare and Technology industries For the second time in six months, an Alberta judge ruled that Treaty rights of First Nations must be considered before approving a referendum on Alberta’s independence.
Suspension Du Référendum Sur La Sécession : L’Alberta Doit Consulter Les Premières Nations Avant D’Aller De L’Avant
Fasken (French) are most popular: within Criminal Law topic(s) with Senior Company Executives, HR and Inhouse Counsel Pour la deuxième fois en six mois, une décision judiciaire albertaine a statué que les droits issus des traités des Premières Nations doivent être pris en compte avant d’autoriser un référendum sur l’indépendance de l’Alberta.
New Brunswick Court Of Appeal Finds Aboriginal Title Cannot Co-Exist With Fee Simple Title
Fasken are most popular: within Insurance topic(s) with Senior Company Executives, HR and Finance and Tax Executives with readers working within the Business & Consumer Services, Insurance and Healthcare industries On December 11, 2025, the New Brunswick Court of Appeal issued a decision in the context of an Aboriginal title claim on the issue of whether Aboriginal title can co-exist with fee simple title: J.D. Irving, Limited et al. v. Wolastoqey Nation, 2025 NBCA 129.
Federal Court Sets Test For Duty To Consult US Tribes
Fasken are most popular: within Insurance topic(s) with Senior Company Executives, HR and Finance and Tax Executives in Canada with readers working within the Business & Consumer Services, Insurance and Healthcare industries In Lummi Nation v Attorney General of Canada, 2025 FC 1986 ("Lummi"), the Federal Court found that Canada owed Lummi Nation a duty to consult with respect to the expansion of the Roberts Bank Terminal in Delta, British Columbia, and met that duty.
Environmental Administrative Penalty Schemes: Is The Court Creating A Regulatory Charter-Free Zone?
Administrative penalty schemes have quickly become the preferred way for governments to enforce regulatory obligations. This is now particularly true with respect to environmental obligations, whether those obligations originate from a permit, regulation, or legislation. But are such schemes subject to constitutional protections under the Charter, including the right to be presumed innocent until proven guilty and the right to life, liberty, and security of the person?
The Federal Court Finds That FPIC Is Not A Veto But A "Right To A Robust Process"
The Federal Court recently undertook the most extensive analysis of the meaning of United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP") and free, prior and informed consent ("FPIC") in Canadian law since Canada enacted legislation implementing UNDRIP - the United Nations Declaration on the Rights of Indigenous Peoples Act, SC 2021, c 14 ("UNDA").
The Federal Court Finds That FPIC Is Not a Veto but a “Right to a Robust Process”
The Federal Court recently undertook the most extensive analysis of the meaning of United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) and free, prior and informed consent (“FPIC”) in Canadian law since Canada enacted legislation implementing UNDRIP - the United Nations Declaration on the Rights of Indigenous Peoples Act, SC 2021, c 14 (“UNDA”).
Restoule Decision Finds The Crown Breached Its Promise To Robinson Treaty Beneficiaries
Summary On July 26, 2024, the Supreme Court of Canada ("SCC") released its decision in Ontario (Attorney General) v. Restoule, 2024 SCC 27, concluding that the Crown breached the Robinson-Superior and Robinson-Huron Treaties (collectively, the "Robinson Treaties") by failing to increase the annuity payments owed to Indigenous beneficiaries.
Government, Public Sector
Le 26 juillet 2024, la Cour suprême du Canada (« CSC ») a rendu sa décision dans l'affaire Ontario (Procureur général) c. Restoule, 2024 CSC 27. La Cour a conclu que la Couronne avait violé le Traité Robinson-Huron et le Traité Robinson-Supérieur (collectivement les « Traités Robinson »).
New Cabinet Directive On Regulatory And Permitting Efficiency For Clean Growth Projects
In early July, the Government of Canada released a Cabinet Directive on regulatory and permitting efficiencies for "clean growth projects". The Cabinet Directive establishes a framework aimed at getting projects built faster by improving the efficiency of Canada's approval processes including providing targets for completion of impact assessments and federal permitting processes.
SCC: Treaty Claim For Damages And Land Statute-Barred, But Declaratory Relief Available
The Supreme Court of Canada's recent decision Shot Both Sides v. Canada, 2024 SCC 12 provides clarity on the applicability of limitation periods to matters involving historical treaty breaches. Underlying this decision was an action by the Kainai — also known as the Blood Tribe — alleging the Crown's breach of Treaty No. 7 in relation to their entitlement to reserve lands.
SCC: Treaty Claim For Damages And Land Statute-Barred, But Declaratory Relief Available
The Supreme Court of Canada’s recent decision Shot Both Sides v. Canada, 2024 SCC 12 provides clarity on the applicability of limitation periods to matters involving historical treaty breaches. Underlying this decision was an action by the Kainai — also known as the Blood Tribe — alleging the Crown’s breach of Treaty No. 7 in relation to their entitlement to reserve lands.
Alberta First Nations Court Challenge Provides A Lifeline For Grassy Mountain Project
On February 12, 2024, the Federal Court issued its decision, Benga Mining Limited v. Canada (Environment and Climate Change), 2024 FC 231, which addressed three applications for judicial review of the federal government's refusal to issue environmental assessment approvals of the Grassy Mountain Steelmaking Coal Project ("Grassy Mountain Project").
Alberta First Nations Court Challenge Provides a Lifeline for Grassy Mountain Project
On February 12, 2024, the Federal Court issued its decision, Benga Mining Limited v. Canada (Environment and Climate Change), 2024 FC 231, which addressed three applications for judicial review of the federal government’s refusal to issue environmental assessment approvals of the Grassy Mountain Steelmaking Coal Project (“Grassy Mountain Project”).
Bill C-92 Reference: Government Of Canada Can Affirm Indigenous Rights, But The Courts Determine Whether They Exist
On February 9, 2024, the Supreme Court of Canada ("SCC") upheld the constitutionality of the federal government's legislation, An Act respecting First Nations, Inuit and Métis children, youth and families (2024 SCC 5) (the "Act"). This Act, also referred to as "Bill C-92", was developed jointly with First Nations, Métis and Inuit, as part of the federal government's implementation of the United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP").
Renvoi lié au projet de loi C-92 : Le gouvernement du Canada peut reconnaître des droits autochtones, mais ce sont les tribunaux qui en déterminent l'existence - Indigenous Peoples - Canada
Le 9 février 2024, dans le Renvoi relatif à la Loi concernant les enfants, les jeunes et les familles des Premières Nations, des Inuits et des Métis (2024 CSC 5), la Cour suprême du Canada (la « CSC ») a confirmé la constitutionnalité de la loi fédérale intitulée Loi concernant les enfants, les jeunes et les familles des Premières Nations, des Inuits et des Métis (la « Loi »).
Appellate Court Resuscitates Climate Change Charter Challenge
On December 13, 2023, a unanimous Federal Court of Appeal re-opened the door to two separate challenges to the Government of Canada’s response to climate change. This decision, La Rose v. Canada, [1] involved appeals from two Federal Court decisions. The La Rose appellants were 15 children and youth between the ages of 10 and 19 (at the time of filing), residing across Canada.
Supreme Court Of Canada Finds That Federal Impact Assessment Legislation Oversteps Parliament's Jurisdiction
On Friday October 13, 2023, the Supreme Court of Canada declared the "designated project" scheme of the Impact Assessment Act (the "Act") to be unconstitutional.1 In Canada, both the federal and provincial governments have roles to play, but each must confine their efforts in accordance with their areas of jurisdiction set out in the Canada's Constitution. This decision considers that shared legislative responsibility over the environment.
BC’s Agreements with Blueberry River and Other First Nations Reopen Land to Development, while Minimizing New Disturbances
On January 18, 2023, the Province of British Columbia reached an agreement with Blueberry River First Nations that will lead to broad changes to land management and resource development in the northeast of British Columbia. Two days later, on January 20, 2023, the Province announced agreements with four other Treaty 8 First Nations (Doig River First Nation, Halfway River First Nation, Fort Nelson First Nation and Saulteau First Nations) covering similar objectives.
Alberta's Highest Court Finds Federal Impact Assessment Legislation Unconstitutional
The Alberta Court of Appeal finds that the Impact Assessment Act over-reached federal authority. On May 10, 2022 the Alberta Court of Appeal (ABCA) rendered its opinion, sought by the Alberta government led by Premier Jason Kenney, regarding the constitutionality of the federal Impact Assessment Act (IAA) and Physical Activities Regulations (Regulations). 1 The Alberta government referred two questions to the ABCA: 1.
2020 In Review: Notable Indigenous Rights Litigation
To print this article, all you need is to be registered or login on Mondaq.com. Highlights and Trends As the law relating to Indigenous peoples, and the application of that law, evolves so does the nature and type of Indigenous rights litigation. This bulletin highlights certain key Indigenous rights cases that were decided, heard, or commenced in 2020, and identifies overarching trends.
U.S. Supreme Court Holds That Three Million Acres Of Land In Oklahoma Are Indigenous Lands
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Chronicling The Trans Mountain Expansion Project's Path To Legal Certainty
To print this article, all you need is to be registered or login on Mondaq.com. The Supreme Court of Canada ("SCC") will not hear appeals by three First Nations seeking to overturn the federal government's second approval of the Trans Mountain Expansion Project (the "Project" or "TMX"). The First Nations were seeking to appeal the February 2020 decision of the Federal Court of Appeal, which found the government's second round of consultation related to the Project to be sufficient.
Manitoba Court Of Appeal Finds Public Utilities Board Has No Authority To Create
To print this article, all you need is to be registered or login on Mondaq.com. On June 9, 2020, the Manitoba Court of Appeal unanimously allowed an appeal from the decision of the Public Utilities Board of Manitoba ("PUB") in which the Board had ordered Manitoba Hydro to create a new customer class for ratepayers living on First Nations reserves. The on-reserve customer class had received a lower rate increase as compared to other Manitoba Hydro customers.
BC Court Of Appeal Affirms The Western Boundary Of Treaty 8 Is The Arctic-Pacific Divide
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Quebec Courts Have Jurisdiction Over Aboriginal Rights Claims in Neighbouring Province
To print this article, all you need is to be registered or login on Mondaq.com. Since the 1950s, the Iron Ore Company of Canada and the Quebec North Shore and Labrador Railway Company ("Mining Companies") operate a number of open-pit mines as well as an extensive system of related industrial, port and railway facilities in Québec and Newfoundland and Labrador ("IOC megaproject").
Second Round Of Consultation Sufficient For Trans Mountain Pipeline To Proceed
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