Canadian Lawyer

September 2014

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m S e p t e m b e r 2 0 1 4 45 reinforced in a separate Supreme Court ruling on aboriginal treaty lands, deliv- ered in July after an unusually short review period. Known as the Keewatin case, in Grassy Narrows First Nation v. Ontario (Natural Resources) the Supreme Court agreed with the lower court that Ontar- io did not need to consult with the federal government before taking up land in a tract included in Treaty 3 of 1873. As did Tsilhqot'in, the Keewa- tin decision also offered governments the chance to overrule aboriginal land rights if it's in the public interest to do so. But that will be a tough hurdle, given a raft of conditions that must be met for public interest to take precedence. "The Supreme Court of Canada has gone out of its way to clarify the regime for the integration of Crown and common law rights with aboriginal rights and treaty rights," says Dominique. "They took this case because they knew they had the Tsilhqot'in case and the issue of infringement, and they applied the same principles to treaty and non-treaty lands. . . . It leaves no scope for misin- terpretation, that's for sure." But Tsilhqot'in could also offer hope for First Nations that did sign trea- ties, adding to uncertainty and raising the possibility of additional lawsuits. "What will be interesting to see is how those First Nations who have signed treaties will try to use the [Tsilhqot'in] decision in their favour, more from a political standpoint than from a legal one," says Pierre-Christian Labeau, a partner at Norton Rose Fulbright Canada LLP with experience in native, constitutional, and administrative law. "It will give new ammunition to First Nations, because clearly they signed treaties in the 19th century when there were not many activities on their tradi- tional lands, and now they see all those developments going on, and they will certainly feel that the treaties . . . do not give them a real say on how their traditional lands are developed. But of course they signed treaties, so they have to work with them." Many First Nations have long argued the treaties they signed were flawed and one-sided, and the Assembly of First Nations expressed deep disap- pointment with the Keewatin ruling. "I remain unconvinced that justice will be achieved through Canada's domes- tic courts when it comes to the inter- pretation of our international treaties," said Saskatchewan regional chief Perry Bellegarde, who holds the AFN treaty portfolio. "We are dismayed that the Supreme Court failed to recognize the First Nations' understanding of Treaty 3 including First Nations' jurisdiction over this territory. . . . Given the snail's pace at which the provinces are moving on their duty to consult and accommodate, this also needs to be addressed according to international standards as affirmed in the United Nations Declaration on the Rights of Indigenous Peoples." 2014-15 ALBERTA LEGAL TELEPHONE DIRECTORY THE RIGHT CONNECTIONS MADE EASY Alberta Legal Telephone Directory is all about your legal community connecting you to the lawyers and law offices you need in Alberta, Northwest Territories, Nunavut and Yukon. Published annually for over 30 years, it keeps you connected with new and updated names, mailing addresses, email addresses, phone numbers and fax numbers each year. Searching is easy with: • Alphabetical and geographical listing of lawyers and law firms • Alphabetical listing of Judges Also quickly and easily access: • Law Societies • Courts of Appeal • Federal Court of Canada • Government of Canada departments • Judicial districts and judicial officials • Incorporated Municipalities • Land registration and information services • Provincial government departments • Boards and Commissions • Law Related Services, Institutions and Organizations • University law faculties ... and more. Durable spiralbound format saves on wear and tear of everyday usage! 4QJSBMCPVOEȕ"VHVTU ȕ- Multiple copy discounts available 1MVTBQQMJDBCMFUBYFTBOETIJQQJOHIBOEMJOH (Prices subject to change without notice) 2014-15 Alberta Legal Telephone Directory – the right connections made easy. Order your copy today. Visit www.carswell.com or call 1-800-387-5164 for a 30-day, no risk evaluation bertaDir_CL_Sep_14.indd 1 14-08-13 9:25 AM

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