Native Law Updates – December 2015

Here are some of the new topics in Native Law 2015, Release #6 – December 2015:

  • Meaningful high-level consultation affirmed – An important decision of British Columbia Court of Appeal reinforces the importance of early and meaningful consultation at the strategic level. The Court held that it is not good enough to delegate consultation to the operational level because by then, the overall shape of the project is already determined. Not every Court agrees, and both sides of the issue are canvassed in paragraphs 5§1339 to 5§1341.
  • Whether the Charter applies to a custom election law – A custom election law requiring every candidate for chief to have a grade 12 education was upheld by the Supreme Court of Canada. See paragraph 7§992.
  • Métis elections in Alberta – Elections for an Alberta Métis  settlement are governed by a combination of the provincial Local Authorities Election Act and the Métis Settlements Act. A person in debt to the settlement can be disqualified from running for office. See paragraph 1§2274.
  • Day scholars class action – The class action in which former day students of the Indian residential schools are suing for the loss of their culture and other relief has been certified to proceed to trial. See paragraph 19§521.
  • Qalipu Mi’Kmaq: a very unusual Act and regulations –  There is a special Act of Parliament allowing the government to add or remove names from the band list of the Qalipu Mi’kmaq First Nation. The Act, the Order in Council and recent case law are discussed in paragraph 1§482.