Canada: Indigenous Peoples

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Article
Constitutionality Of First Nation Membership Codes
The Indian Act's registration provisions have undergone multiple amendments to address sex-based discrimination, yet many First Nations membership codes still incorporate outdated eligibility criteria from the 1985 Act. Recent court decisions have found these membership codes unconstitutional when they perpetuate the same discriminatory provisions that were challenged and remedied through Bills C-3 and S-3, creating a two-tier citizenship system that disadvantages descendants of female ancestors compared to
Canada Government
MA
MLT Aikins LLP
Article
Indian Status Versus Band Membership: What Is The Difference?
Canada's Indian Act has defined Indigenous identity through registration systems for over 150 years, but the 1985 Bill C-31 amendments fundamentally changed how First Nations determine membership. This article examines the critical distinction between Indian status—a federal legal designation—and band membership, which many Nations now control through their own membership codes, exploring how these parallel systems shape Indigenous identity and rights today.
Canada Government
MA
MLT Aikins LLP
Article
Now Open: British Columbia’s $1 Billion First Nations Equity Financing Program
British Columbia's First Nations Equity Financing Program is now accepting applications, offering up to $1 billion in loan guarantees to support First Nations acquiring equity ownership in revenue-generating projects within their traditional territories. The Program aims to position First Nations as equity partners in economic development while reducing borrowing costs and unlocking access to capital for major infrastructure and resource projects.
Canada Finance
ML
McMillan 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
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
Understanding Free, Prior And Informed Consent Under UNDRIP In Canadian Resource Development
As Canadian governments continue implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), resource developers face evolving expectations around Indigenous engagement and consent. Recent court decisions and regulatory reforms signal a fundamental shift in how forestry and mining projects must navigate consultation obligations, cumulative effects analysis, and the practical meaning of "free, prior and informed consent."
Canada Government
TD
Thompson Dorfman Sweatman LLP
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