Canada (Governor General in Council) v. Mikisew Cree First Nation
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2016 FCA 311 |
| Date | 07 December 2016 |
| Subject Matter | ADMINISTRATIVE LAW,COURTS,STATUTES |
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25 practice notes
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Mikisew Cree First Nation v. Canada (Governor General in Council)
...Law” (2006), 31 Queen’s L.J. 470. APPEAL from a judgment of the Federal Court of Appeal (Pelletier, Webb and de Montigny JJ.A.), 2016 FCA 311, [2017] 3 F.C.R. 298 , 405 D.L.R. (4th) 721 , 5 C.E.L.R. (4th) 302 , [2017] 1 C.N.L.R. 354 , [2016] F.C.J. No. 1389 (QL), 2016 CarswellNat 6599 (......
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Association of Iroquois and Allied Indians v. Ontario (Minister of Environment, Conservation and Parks)
...(Aboriginal Affairs and Northern Development), 2014 FC 1244 , summarized in respect to this point by the Federal Court of Appeal at 2016 FCA 311, para. 10. [59] Mikisew Cree v. Canada, 2018 SCC 40 , 2 SCR 765 . [60] The ratio decidendi of the case is more limited than the reasons: the co......
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Table of Cases
...120 Mikisew Cree First Nation v Canada (Minister of Aboriginal Afairs and Northern Development), 2016 FCA 311 ................................................................ 120 MiningWatch Canada v Canada, 2010 SCC 2 ........................................................108, 429 Mitchel......
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Boloh 1(A) v. Canada
...is not a precondition to the introduction of legislation in Parliament: Canada (Governor General in Council) v. Mikisew Cree First Nation, 2016 FCA 311; appeal dismissed Mikisew Cree First Nation v. Canada (Governor General in Council), [2018] 2 SCR 765. [189] That being the case, I find no......
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12 cases
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Mikisew Cree First Nation v. Canada (Governor General in Council)
...Law” (2006), 31 Queen’s L.J. 470. APPEAL from a judgment of the Federal Court of Appeal (Pelletier, Webb and de Montigny JJ.A.), 2016 FCA 311, [2017] 3 F.C.R. 298 , 405 D.L.R. (4th) 721 , 5 C.E.L.R. (4th) 302 , [2017] 1 C.N.L.R. 354 , [2016] F.C.J. No. 1389 (QL), 2016 CarswellNat 659......
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Association of Iroquois and Allied Indians v. Ontario (Minister of Environment, Conservation and Parks)
...(Aboriginal Affairs and Northern Development), 2014 FC 1244 , summarized in respect to this point by the Federal Court of Appeal at 2016 FCA 311, para. 10. [59] Mikisew Cree v. Canada, 2018 SCC 40 , 2 SCR 765 .  [60] The ratio decidendi of the case is more limited than the reasons: ......
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Mikisew Cree First Nation v. Canadian Environmental Assessment Agency
...aff’d 2008 FCA 20 ; Mikisew Cree First Nation v. Canada (Minister of Aboriginal Affairs and Northern Development), 2014 FC 1244 , rev’d 2016 FCA 311, aff’d 2018 SCC 40 ; Coastal First Nations v. British Columbia (Environment), 2016 BCSC 34 , 85 B.C.L.R. (5th) 360 [Coastal First D. Dis......
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Boloh 1(A) v. Canada
...is not a precondition to the introduction of legislation in Parliament: Canada (Governor General in Council) v. Mikisew Cree First Nation, 2016 FCA 311; appeal dismissed Mikisew Cree First Nation v. Canada (Governor General in Council), [2018] 2 SCR 765. [189] That being the case, I find no......
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7 firm's commentaries
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Courtoreille V. Canada (Aboriginal Affairs And Northern Development), Case No. 37441, Supreme Court Of Canada (Mclachlin C.J.C., Wagner And Gascon Jj.), 18 May 2017
...Mikisew and allow them a reasonable opportunity to make submissions. In December 2016, the Federal Court of Appeal reversed this decision: 2016 FCA 311. The Court of Appeal held that legislative action was nota proper subject for judicial review. Further, importing the duty to consult into ......
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Duty To Consult Is Not Triggered During Legislative Process
...Canada (Governor General in Council) v. Courtoreille, 2016 FCA 311 On December 7, 2016, the Federal Court of Appeal released its Reasons for Judgment regarding whether the Crown's duty to consult is triggered at the legislative development stage in Canada (Governor General in Council) v. Co......
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Is There A Duty To Consult On Legislation? SCC May Decide
...consultation on legislation? These are all vital questions, and Willms & Shier will provide updates as the law develops. Footnotes 2016 FCA 311 Ibid at para 2. RSC 1985, c F-14. SC 2002, c 29 SC 1999, c 33. RSC 1985, c N-22. SC 1992, c 37; SC 2012, c 19, s 52. Courtoreille at para 1. 20......
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Court Of Appeal Finds No Duty To Consult When Government Interprets Environmental Legislation Court Of Appeal Dismisses Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500
...impacts on specific First Nations. This result is consistent with the Federal Court of Appeals' recent decision in Courtoreille v. Canada, 2016 FCA 311. In any event, the Court also held that the correspondence between the EAO and FNFN with respect to the interpretation issue was sufficient......
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3 books & journal articles
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Table of Cases
...120 Mikisew Cree First Nation v Canada (Minister of Aboriginal Afairs and Northern Development), 2016 FCA 311 ................................................................ 120 MiningWatch Canada v Canada, 2010 SCC 2 ........................................................108, 429 Mitchel......
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The Federal Court of Appeal: Caseload and Decision-Making
...doubled if the threshold is lowered to ten. Tempting though the 31 Canada (Governor General in Council) v Mikisew Cree First Nation , 2016 FCA 311. [ 127 ] The Federal Co urT oF appeal and The Federal CourT compact symbolism of a “top one hundred” might be, the larger count seems more usefu......
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UNDRIP, Decision Making, and the Role of Indigenous Peoples
...and Northern Development) , 2014 FC 1244; Mikisew Cree First Nation v Canada (Minister of Aboriginal Afairs and Northern Development ), 2016 FCA 311; Mikisew Cree First Nation v Canada (Governor General in Council) , 2018 SCC 40. 7 Truth and Reconciliation Commission of Canada, Honouring th......
