Canada: Indigenous Peoples

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Article
Building Momentum: Canada Advances Major Projects Under The Building Canada Act
The federal government has published notices proposing to add the Mackenzie Valley Highway and Roberts Bank Terminal 2 to Schedule 1 of the Building Canada Act as projects of national interest. These potential listings, following a similar notice for the West Coast Oil Pipeline, provide the first practical indications of how the government may use the Act to advance major infrastructure projects through streamlined federal approvals while maintaining Indigenous consultation and environmental assessment requ
Canada Government
ML
McMillan LLP
Article
Dispute Over AI Data Centre Water Rights Continues After Alberta Court Decides That O’Leary Digital Limited Is Not “Directly Affected”
Sturgeon Lake Cree Nation is seeking judicial review (on the basis of lack of consultation) of a water licence required for early development of an AI data centre in northwest Alberta proposed by O’Leary Digital Limited. O’Leary Digital Limited applied to strike Sturgeon Lake Cree Nation’s claim, but the Alberta Court of King’s Bench dismissed O’Leary Digital Limited’s application to strike.
Canada Government
F
Fasken
Article
New Agreements Expand The Implementation Of Section 7 Under DRIPA
Over the past year the Province of British Columbia and Indigenous Nations have completed a number of new agreements under the Declaration on the Rights of Indigenous Peoples Act (DRIPA). In particular, two new agreements under Section 7 of DRIPA (the Section 7 Agreements) highlight changes in how the Province is approaching implementation of Section 7 Agreements, both with respect to the territorial scope and the content of the decision-making processes under each agreement.
Canada Government
MA
MLT Aikins LLP
Article
Stronger Together: What Mining Companies, Investors And Financiers Need To Know About Western And Northern Canada’s Critical Minerals Strategy
Certain Canadian provinces and territories have taken an important step toward a more coordinated critical minerals economy. Stronger Together: A Critical Minerals Strategy for Western and Northern Canada (the Strategy) brings British Columbia, Alberta, Saskatchewan, Manitoba, Yukon, the Northwest Territories and Nunavut (being together, Western and Northern Canada) together around a shared objective: to position the region as a globally competitive, investment-ready supplier of responsibly sourced critical minerals.
Canada Energy
C
Cassels
Article
Duty To Consult 101: A Practical Guide
The duty to consult is a constitutional obligation in Canada that requires governments to engage with Indigenous groups before making decisions affecting Aboriginal or Treaty rights. As UNDRIP implementation, major-project legislation, and cumulative effects considerations reshape the consultation landscape, understanding when and how deeply consultation must occur has become increasingly complex for governments, Indigenous communities, and project proponents alike.
Canada Government
MA
MLT Aikins LLP
Article
When The Ground Shifts Underneath An Environmental Assessment Certificate: How Evolving Indigenous Claims Can Unsettle Major Projects
A BC Supreme Court decision has quashed a substantial start determination for a major mining project, finding the Crown failed to adequately consult an Indigenous nation after the Province's understanding of their territorial claim evolved. The ruling examines how changing circumstances can trigger fresh consultation obligations even after environmental certificates are issued, and what constitutes "substantial start" under BC's environmental assessment regime.
Canada Environment
GW
Gowling WLG
Article
Canada’s Proposed Alberta-to-B.C. Pipeline: Key Legal And Practical Considerations For Indigenous Communities
Canada's federal government, British Columbia, and Alberta have announced coordinated plans for a new interprovincial oil pipeline from Alberta to BC's south coast, marking a major development in Canadian energy infrastructure policy. The proposed West Coast Oil Pipeline Project would transport one million barrels of heavy crude daily from Bruderheim, Alberta to Roberts Bank, crossing the traditional territories of approximately 90-125 Indigenous communities. This analysis examines the legal and practical i
Canada Government
JFK Law LLP
Article
Cook v. Manitoba: Court Recognizes Section 35 Aboriginal Right To Self-government In Child And Family Services
A Manitoba court has certified a class action and granted summary judgment finding that Canada and Manitoba breached First Nations' Aboriginal right to self-government in Child and Family Services. The decision modifies traditional tests for establishing Aboriginal rights and addresses systemic failures in funding, regulation, and culturally appropriate service delivery that substantially impaired Indigenous communities' ability to raise their children within their own cultures and traditions.
Canada Government
MA
MLT Aikins LLP
Article
Use Of French In Federally Regulated Private Businesses: The Regulatory Framework Takes Shape
On April 15, 2026, the federal government tabled draft regulations on the use of French in Federally Regulated Private Businesses (proposed regulations).[1] These proposed regulations follow the enactment of the Use of French in Federally Regulated Private Businesses Act (UFPBA),[2] which received royal assent on June 20, 2023. As explained in our previous articles on Bill C-13, the UFPBA imposes new language rights obligations on federally regulated private businesses (FRPBs).
Canada Government
OH
Osler, Hoskin & Harcourt LLP
Article
Fast-Tracking Major Projects: Federal And Provincial Developments
On May 12, 2026, the Government of Canada (Government) released the Getting Major Projects Built in Canada - Discussion Paper on Proposed Legislative, Regulatory, and Policy Reforms (Discussion Paper). The Discussion Paper outlines proposed legislative, regulatory and policy reforms to reduce the regulatory burden facing proponents of major projects, ensure federal decisions are made in a timely manner and ultimately attract investments in large-scale projects in Canada.
Canada Government
BC
Blake, Cassels & Graydon LLP
Article
Federal Government Proposes Regulations On The Use Of French In Federally Regulated Private Businesses
The federal government has published proposed regulations (the "Proposed Regulations") under the Use of French in Federally Regulated Private Businesses Act (the "UFPBA"), establishing a new French-language regime for federally regulated private businesses. The Proposed Regulations address consumer-facing rights, internal workplace obligations, and governance requirements for federally regulated private businesses operating in Quebec and in regions with a strong Francophone presence.
Canada Employment
F
Fasken
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