Native Law Updates – October 2015

Here are some of the new topics in Native Law 2015, Release #5 – October, 2015

Remuneration of Chief and Council, bonus payments.  The First Nations Financial Transparency Act is discussed.  Also reviewed is a case in which chief and council were required to return a bonus payment because it breached their fiduciary duty to the membership.    See paragraphs 7§732 and following.

Canada successfully relies on harsh procedural rules.  In a case where the application of an Alberta court rule could eliminate Treaty rights and foreclose constitutional protections, the Alberta Queen’s Bench upheld the harsh effect of the rule and dismissed the case against Canada.  See paragraph 3§1905.

Landlord and tenant law on settlement lands in Yukon.  The Yukon agreements state that settlements lands are not subject to section 91(24) of the Constitution Act, 1867, and therefore territorial landlord tenant laws apply on those lands.    See paragraph 4§540.

Consultation:  Province cannot delegate “strategic high level decision” to a private party.  In a case where the province accepted the calculations of a private party without any critical evaluation, the B.C. Supreme Court set aside the decision to approve a project for failing to meet the duty to consult.    See paragraph 5§1340.