Tag Archives: Reconciliation

Trans Mountain Pipeline: “Getting It Right” Means More Time

Image by William Chen via Wikipedia (CC BY-SA 4.0)   The Federal Court of Appeal recently overturned Ottawa’s approval of the Trans Mountain pipeline expansion, citing a lack of proper consultation with affected Aboriginal peoples, as required under Section 35 of the Constitution Act, 1982. The duty to consult Aboriginal peoples and accommodate their concerns arises…
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Kinder Morgan: Beyond the Division of Powers Debate – Indigenous Rights at the Crux

Image by Mark Klotz via Flickr (CC BY 2.0)   The current debate over the Kinder Morgan pipeline expansion reads like a high stakes action movie. It is like a ticking time bomb ready to detonate on May 31st , the date Kinder Morgan has threatened to terminate the entire expansion project unless two conditions are met…
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Traditional Knowledge in National Energy Board Consultation and Environmental Assessments

The Federal Government’s recent Discussion Paper on modernizing the National Energy Board (NEB) and incorporating Indigenous Traditional Knowledge (TK) into the Environmental Assessment process raises a number of important questions. Chief among these is how the federal Crown perceives its duty to consult Indigenous nations where their rights may be infringed. From a decision-making standpoint,…
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Breaking Away from the Indian Act? Cautious Optimism over the Dissolution of the Department of Indigenous and Norther Affairs (INAC)

On August 28, 2017, Prime Minister Justin Trudeau announced a major restructuring of the bureaucracy responsible for administering Canada’s Indian Act. The Department of Indigenous and Northern Affairs (INAC) is to be dissolved, and its responsibilities shifted to two new Ministries. Carolyn Bennett, previously the Minister for Indigenous and Northern Affairs, has assumed the new…
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