Canada: Indigenous Peoples

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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
Un Différend Sur Les Droits D’utilisation De L’eau Se Poursuit : O’Leary Digital N’est Pas « Directement Touchée », Selon Un Tribunal Albertain
La Nation Crie de Sturgeon Lake souhaite obtenir un contrôle judiciaire (en raison de l’absence de consultation) concernant un permis d’utilisation de l’eau requis pour le développement initial d’un centre de données d’IA dans le nord-ouest de l’Alberta que projette de développer O’Leary Digital Limited. Cette dernière a demandé la radiation de la demande de la Nation Crie de Sturgeon Lake, ce que la Cour du Banc du Roi de l’Alberta a refusé de faire.
Canada Government
FF
Fasken (French)
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
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
Shifting High-Speed Rail Corridor Plans And Key Indigenous Concerns Addressed In Alto's "What We Heard Report"
On June 22, 2026, Minister of Transport Steven MacKinnon and Alto President and CEO Martin Imbleau announced updates to Canada's high-speed rail corridor plan, introducing a new southern route option that may include Kingston as a stop. This development raises important questions about Indigenous consultation, land rights, and environmental impacts, particularly given the potential overlap with Williams Treaties lands and the concerns expressed by First Nation communities about meaningful participation in d
Canada Government
FR
Fogler, Rubinoff 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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