Canada: Land Law & Agriculture

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Article
Consultation Commitments And Commercial Consequences: B.C. Supreme Court Quashes Licence Transfer Approval
The British Columbia Supreme Court's decision in Gitanyow Hereditary Chiefs v. British Columbia examines when licence transfers trigger deep consultation obligations with Indigenous Nations, and how consultation commitments made by the Crown can establish binding legal standards. The ruling explores the commercial risks that fall on resource proponents when Crown-led consultation proves inadequate, even though the constitutional duty rests with government.
Canada Energy
MT
McCarthy Tétrault LLP
Article
Understanding “Co-Management” Under B.C.’s Proposed New Treaties: Is This The “Land Act Amendments” All Over Again?
British Columbia's proposed K'ómoks, Kitselas, and Kitsumkalum treaties introduce unprecedented co-management provisions that could grant First Nations joint decision-making authority over Crown lands and resources. These provisions, which bear striking similarities to the controversial 2024 Land Act amendments, include binding arbitration mechanisms and UNDRIP interpretation requirements that create significant uncertainty for businesses and landowners operating within traditional territories.
Canada Government
ML
McMillan LLP
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