Publications
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Tax opportunities under the Indian Act
Although it is not often well-understood in business and tax circles, the Indian Act (the “Act”), coupled with federal and provincial tax laws, provides several tax planning opportunities for Indigenous taxpayers. These laws provide various tax exemptions for people who qualify as “Indians” under (…)
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Artificial Intelligence and the 2017 Canadian Budget: is your business ready?
The March 22, 2017 Budget of the Government of Canada, through its “Innovation and Skills Plan” (http://www.budget.gc.ca/2017/docs/plan/budget-2017-en.pdf) mentions that Canadian academic and research leadership in artificial intelligence will be translated into a more innovative economy and (…)
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Supreme Court of Canada Ruling in Tsilhqot’in: Aboriginal Title and the Common Law
On June 26, 2014, the Supreme Court of Canada rendered a decision confirming aboriginal title to approximately five percent of the Tsilhqot’in First Nation’s traditional territory in British Columbia. This decision is very significant because it marks the first time a ruling defines aboriginal title (…)
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Francization – Bill No 14 amending the Charter of the French language
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. The title of this newsletter gives a good summary of the explanatory notes that serve as an introduction to Bill 14, entitled An Act to amend (…)
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The British Columbia Court of Appeal rejects the territorial theory of Aboriginal title and dismisses the appeal by the Tsilhqot'in Nation
On June 27, 2012 the British Columbia Court of Appeal issued its highly anticipated decision in the case William v. British Columbia. In a unanimous decision, the Court affirmed many of the trial judge’s holdings regarding the claims to Aboriginal rights and title brought by the (…)
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The British Columbia Supreme Court confirms that municipalities have no duty to consult and accommodate Aboriginal peoples
On April 4, 2012, the British Columbia Supreme Court rendered its decision in the case Neskonlith Indian Band v. Salmon Arm (City) and therein confirmed that municipalities have no duty to consult and accommodate Aboriginal peoples.
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The Ontario Superior Court Halts Exploratory Work by a Mining Company and Orders Tripartite Consultation with the First Nation and the Province
On January 3, 2012, the Ontario Superior Court ordered that Solid Gold Resources Corp. (“Solid Gold”), a junior mining exploration company, be enjoined from carrying on any further mineral exploration activity for 120 days on a parcel of land claimed by the Wahgoshig First Nation (…)
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The Supreme Court confirms that not all aboriginal practices are protected by section 35 of the Constitution Act, 1982
The Supreme Court of Canada confirms that only those modern practices that maintain a reasonable degree of continuity with the practices, customs or traditions that were integral to an aboriginal groups pre-contact distinctive culture will be protected as an aboriginal right under section 35 of the (…)
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Legal newsletter for business entrepreneurs and executives, Number 9
Your insurance contract on the web Business development: the aboriginal issue From the family dinner to the annual meeting of the shareholders: the best family business governance practices
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Resource Development: Aboriginal Issues
The combination of rising commodities prices together with the expressed intention of the Quebec government to develop the region north of the 55th parallel have sparked an increase in the number of natural resources development projects. However, businesses promoting such projects must inevitably (…)
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The Plan Nord and Aboriginal People
Last November 6, the government of Québec held an important working session that brought together various northern partners for the purpose of ensuring the sustainable and socially responsible development of the vast territory covered by the Plan Nord.This plan essentially aims to accelerate (…)