Athabasca Chipewyan First Nation v Alberta, 2019 ABCA 401
| Judge | The Honourable Madam Justice Patricia Rowbotham,The Honourable Madam Justice Jo'Anne Strekaf,The Honourable Madam Justice Ritu Khullar |
| Citation | 2019 ABCA 401 |
| Docket Number | 1801-0139-AC |
| Court | Court of Appeal (Alberta) |
| Date | 22 October 2019 |
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9 practice notes
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Ermineskin Cree Nation v. Canada (Environment and Climate Change),
...such an adverse effect. Therefore, in my respectful view, the duty to consult is triggered (Athabasca Chipewyan First Nation v Alberta, 2019 ABCA 401 at paras 57-61). [102] In this connection, the Supreme Court of Canada in Haida Nation says the honour of the Crown must be understood genero......
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Métis Nation of Alberta Association v Alberta (Indigenous Relations),
...is generally not judicially reviewable, as long as the policy conforms to legal limits: Athabasca Chipewyan First Nation v Alberta, 2019 ABCA 401 at para 50, aff’g 2018 ABQB 262 (“Athabasca”). It argues that forming a policy is political in nature, citing Hayes and Jaco......
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THE MINISTER OF ENVIRONMENT AND CLIMATE CHANGE AND, THE ATTORNEY GENERAL OF CANADA v. ERMINESKIN CREE NATION AND, COALSPUR MINES (OPERATIONS) LTD. DOCKET: A-261-21 STYLE OF CAUSE: THE MINISTER OF ENVIRONMENT AND CLIMATE CHANGE, THE ATTORNEY GENERAL OF CANADA, LOUIS BULL TRIBE, KEEPERS OF THE WATER SOCIETY, THE WEST ATHABASCA WATERSHED BIOREGIONAL SOCIETY, and STONEY NAKODA NATIONS (BEARSPAW FIRST NATION, CHINIKI FIRST NATION AND WESLEY FIRST NATION), 2022 FCA 123
...evidence on record, it was triggered in this case (2021 FC 758 Reasons at para. 101, citing Athabasca Chipewyan First Nation v. Alberta, 2019 ABCA 401, 94 Alta. L.R. (6th) 279 at paras. 57-61). [26] The Federal Court Judge also found that the 2019 IBA created an economic interest that engag......
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Métis Nation of Alberta Association Fort McMurray Métis Local Council 1935 v Alberta,
...Respondents rely upon Athabasca Chipewyan First Nation v Alberta (Minister of Aboriginal Relations, Aboriginal Consultation Office), 2019 ABCA 401 at paras. 37-52, in which the Court of Appeal affirmed the jurisdiction of the ACO to make determinations respecting the adequacy of consultatio......
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4 cases
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Ermineskin Cree Nation v. Canada (Environment and Climate Change),
...such an adverse effect. Therefore, in my respectful view, the duty to consult is triggered (Athabasca Chipewyan First Nation v Alberta, 2019 ABCA 401 at paras 57-61). [102] In this connection, the Supreme Court of Canada in Haida Nation says the honour of the Crown must be understood genero......
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THE MINISTER OF ENVIRONMENT AND CLIMATE CHANGE AND, THE ATTORNEY GENERAL OF CANADA v. ERMINESKIN CREE NATION AND, COALSPUR MINES (OPERATIONS) LTD. DOCKET: A-261-21 STYLE OF CAUSE: THE MINISTER OF ENVIRONMENT AND CLIMATE CHANGE, THE ATTORNEY GENERAL OF CANADA, LOUIS BULL TRIBE, KEEPERS OF THE WATER SOCIETY, THE WEST ATHABASCA WATERSHED BIOREGIONAL SOCIETY, and STONEY NAKODA NATIONS (BEARSPAW FIRST NATION, CHINIKI FIRST NATION AND WESLEY FIRST NATION), 2022 FCA 123
...evidence on record, it was triggered in this case (2021 FC 758 Reasons at para. 101, citing Athabasca Chipewyan First Nation v. Alberta, 2019 ABCA 401, 94 Alta. L.R. (6th) 279 at paras. 57-61). [26] The Federal Court Judge also found that the 2019 IBA created an economic interest that engag......
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Métis Nation of Alberta Association v Alberta (Indigenous Relations),
...is generally not judicially reviewable, as long as the policy conforms to legal limits: Athabasca Chipewyan First Nation v Alberta, 2019 ABCA 401 at para 50, aff’g 2018 ABQB 262 (“Athabasca”). It argues that forming a policy is political in nature, citing Hayes and Jaco......
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Métis Nation of Alberta Association Fort McMurray Métis Local Council 1935 v Alberta,
...Respondents rely upon Athabasca Chipewyan First Nation v Alberta (Minister of Aboriginal Relations, Aboriginal Consultation Office), 2019 ABCA 401 at paras. 37-52, in which the Court of Appeal affirmed the jurisdiction of the ACO to make determinations respecting the adequacy of consultatio......
4 firm's commentaries
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New Proponent Guide To First Nations And Métis Settlements Consultation Released By Alberta Government
...is: 1) Policies, 2) Guidelines, and 3) 2019 Guide. A recent Alberta Court of Appeal case, Athabasca Chipewyan First Nation v Alberta, 2019 ABCA 401, confirmed the use of these documents to guide consultation. The Athabasca Chipewyan First Nation challenged the authority of the Aboriginal Co......
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New Proponent Guide to First Nations and Métis Settlements Consultation Released by Alberta Government
...Nation v Alberta, 2019 ABCA 401, confirmed the use of these documents to guide consultation. The Athabasca Chipewyan First Nation challenged the authority of the Aboriginal Consultation Office (ACO) to make determinations related to the Crown's duty to consult. The Court found that, althoug......
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Canadian Power Key Developments In 2019, Trends To Watch For In 2020: Aboriginal Law
...Act was borrowed directly from Bill C-262, with B.C.'s Act passing unanimously in the legislature in just over the span of one month. 1 2019 ABCA 401 2 2019 NSCA 75 3 2019 BCCA 151 4 2017 QCCA 1791 To view the original article click here The content of this article is intended to provide a ......
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Not All Takings Up Of Land Within Treaty Territory Trigger The Crown's Duty To Consult
...(the Honourable Madam Justices Jo'Anne Strekaf and Ritu Khullar), issued its ruling in Athabasca Chipewyan First Nation v. Alberta, 2019 ABCA 401, which was accompanied by concurring reasons by the Honourable Madam Justice The Alberta Court of Appeal upheld the Aboriginal Consultation Offic......