Native Law 2020 Release – 1



Native Law

This Release includes updates to the law in the following important areas:

“Public Body”. A band, as a “public body” can be subjected to the minimum $100,000 fine for violation of the Canadian Environmental Protection Act, 1999. Further, the law is developed relating to what “body of Indians” means in s. 2(1) of the Indian Act. See paragraphs 1§440, 1§442, 7§2060.

Injunctions. The test for an injunction was reviewed by the B.C. Supreme Court in Taseko Mines Limited v. Tsilhqot’in National Government2019 BCSC 15072019 CarswellBC 2594 (B.C. S.C.), leave to appeal refused William v. Taseko Mines Limited2019 BCCA 4792019 CarswellBC 3923 (B.C. C.A.). See paragraphs 5§1213 and 5§1218.

Taking up of land. The Alberta Court of Appeal considered whether taking up of land automatically triggered the duty to consult. Athabasca Chipewyan First Nation v. Alberta2018 ABQB 2622018 CarswellAlta 678 (Alta. Q.B.) at paras. 71-73, affirmed 2019 ABCA 4012019 CarswellAlta 2249 (Alta. C.A.). See paragraph 5§1304.

Extradition. An important addition to the law of extradition, taking into account the special sentencing provisions for Aboriginal offenders, is in Sheck v. Canada (Minister of Justice)2019 BCCA 3642019 CarswellBC 3119 (B.C. C.A.). See paragraph 17§830.

Judicial commentary. The text of Native Law was cited with approval, and was also criticized, in a decision of the Saskatchewan Court of Appeal: See pages JC-2, JC-3.

You can find the PDF copy here: Publisher’s Notes – 2020(1)