Archive for the ‘First Nations’ Category

Flooding, First Nations Land and Buckshee Leases

By Justin Dalton
Categories: Blog, First Nations
The recent flooding throughout the Province of British Columbia and specifically the Okanagan region creates unique problems for First Nation Bands and their members.

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Daniels v. Canada: Jurisdictional Clarity for Non-Status Indians and Metis

By Andrea East
Categories: Blog, First Nations
For years, non-status Indians and Metis individuals have been trapped in a jurisdictional game of hot potato between provincial governments and the Federal Government, often leaving those individuals ineligible for programs and assistance.

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Buying a Sublease on Westbank First Nations Land: The Conveyance Process

By Andrea East
“Conveyancing” is the term your lawyer uses to describe the legal process of transferring an interest in land from the seller to the buyer.

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Truth and Reconciliation Commission of Canada Report Released

By Theresa Arsenault, Q.C.
Categories: Blog, First Nations
The Truth and Reconciliation Commission of Canada (“TRCC”) was established by the settlement of the class action law suits against the government of Canada, brought by the survivors of the residential school system.

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Leasing First Nations Lands from a Locatee

By Andrea East
Categories: Blog, First Nations
This is an update to my Dec 22, 2009 article, incorporating the changes to INAC’s locatee leasing policy.

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Building First Nation Economies: Tax, Governance & Business Structures

By Andrea East
Categories: Firm News, First Nations
Andrea East will be participating in a conference on December 3-4, 2015 on Building First Nation Economies.

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Are BC Tenancy Laws Applicable to Rent Disputes on First Nations Land?

By Elise Everest
BC’s Manufactured Home Park Tenancy Act (“MHPTA”) will not apply to tenancy agreements on reserve lands where the landlord is an Indian or an Indian Band.

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Historic SCC Ruling Grants Aboriginal Title To Lands in BC

By Theresa Arsenault, Q.C.
Categories: Blog, First Nations
On June 26, 2014, Chief Justice Beverley McLachlin of the Supreme Court of Canada delivered an historic, unanimous decision in the Williams/ Tsilhqot’in vs. BC case, granting a declaration that the Tsilhqot’in First Nation has aboriginal title to 1750 square kilometers of crown land near Williams Lake in the interior of BC. This decision resolves […]

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Ask A Lawyer – What Do I Get When I Purchase A Home On An Indian Reserve?

By Andrea East
Categories: Blog, First Nations
Land on reserve cannot be sold. So when a developer builds a residential project on reserve land, the developer leases the land on which the project will be built, and then sells long term subleases for each home. The details vary from project to project, but typically, the buyer purchases a 99 year sublease, with all of the rent paid up front when he or she takes possession of the home. Banks can provide mortgage financing to fund the rent [...]

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Beautiful Land, Tricky Transactions

By Andrea East
Categories: Blog, First Nations
First Nations’ reserves contain some of Canada’s most beautiful land, including undeveloped properties that are frequently eyed by developers for large residential or recreational projects.Originally published in the Sep 21, 2012 issue of the Lawyers Weekly.Read the article here: http://www.lawyersweekly.ca/index.php?section=article&articleid=1743 

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Interesting Transactions – From Our First Nations Law Group

By Pushor Mitchell LLP
Categories: Blog, First Nations
From Our First Nations Law Group – Have established Limited Partnerships for First Nations clients to allow a number of First Nations to carry on fisheries businesses cooperatively. Find out more about our First Nations Law Group: http://www.pushormitchell.com/service/first-nations

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Interesting Transactions – From Our First Nations Law Group

By Pushor Mitchell LLP
Categories: Blog, First Nations
From Our First Nations Law Group – Established a Limited Liability Partnership between a developer and First Nations members for development on Reserve lands.Find out more about our First Nations Law Group: http://pushormitchell.com/service/first-nations

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Canadian Human Rights Tribunal Orders INAC to Cease Discriminatory Practices

By Andrea East
Categories: Blog, First Nations
In 2008, the federal government introduced a significant shift in its First Nations policies by repealing the section of the Canadian Human Rights Act that excluded decisions under the Indian Act from scrutiny by the Canadian human rights system.The first decision of the Canadian Human Rights Tribunal considering Indian and Northern Affairs Canada’s (INAC) leasing policies (Louie and Beattie v. INAC) was released in early 2011.

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Lingo: Words and Phrases Commonly Used in First Nations Projects

By Andrea East
Categories: Blog, First Nations
There are many words and phrases used in connection with First Nations Projects which have very specific meaning, and many acronyms used as short form, which can be challenging when first getting started. This article sets out some common words, phrases and acronyms and describes their meaning.

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Partners, Partnering, Partnership: the Legal Implications

By Andrea East
Categories: Blog, First Nations
If you're thinking about forming a partnership, here are some things to think about before the partnership begins...   This article has been published in Native Business Development Magazine, a national publication focusing on the successes of First Nation, Inuit and Métis owned or managed businesses.

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The Duty To Consult First Nations Under Modern Treaties

By Andrew Brunton
Categories: Blog, First Nations
Where a proponent proposes a land use for Crown lands within a First Nation’s traditional territory, the Crown has a duty to consult the First Nation with respect to the effect on the First Nation’s traditional use of the land.  Proponents are often very engaged in the consultation process, as it is the proponent who stands to gain from approval of the land use.  Cases interpreting the Crown’s duty to consult are [...]

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Enforcing Mortgages On First Nations Land

By Andrew Brunton
Categories: Blog, First Nations
When a lender takes a mortgage over First Nations land “owned” by a non-Band member, their security is different than the security they typically receive for mortgages on other land.  In such a situation, the lender takes a mortgage over a leasehold interest in the land, not over the land itself. 

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Process For Community Approval Of A Lease Of First Nations Community Lands On Indian Act Reserve Land

By Andrea East
Categories: Blog, First Nations
There are generally two types of lands which may be leased on a First Nations reserve governed by the Indian Act:  lands allocated to individual members by a Certificate of Possession, often referred to as “CP Lands”, and lands which are unallocated and held for the benefit of the community as a whole, often referred to as “Community Lands”.

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First Nations Leasing: Buying and Selling Subleasehold Interests

By Andrea East
Categories: Blog, First Nations
This article is the fourth in my series on leasing First Nations land. My previous articles have reviewed the process for establishing new head leases and subleases on First Nations land. In this article, I will review the process for transferring interests in existing subleases.In many cases, the interest purchased in a residential development is a subleasehold interest and that is the type of interest that I will discuss in this article. [...]

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First Nations Leasing: Overview of Documents for a Residential Development on First Nations Lands

By Andrea East
Categories: Blog, First Nations
This is the third in my series of articles on First Nations leasing.  In my first article, I discussed Buckshee Leases and some of the risks associated with unregistered leases of first nations lands.  In my second article, I reviewed Indian and Northern Affairs Canada’s (“INAC”) process for reviewing and approving registered leases.  I have also p

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Buckshee Leases of First Nations Land : Tenants Beware

By Andrea East
Categories: Blog, First Nations
“Buckshee lease” is a colloquial term for a lease entered into between a member of an Indian Band or the Band itself and an individual, first nations or not, where the lease has not been formally approved by the Department of Indian and Northern Affairs in accordance the Indian Act. Buckshee leases tend to appear on reserves where the Band does not have land management powers under the Indian Act.

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Understanding Indian Act Conveyancing

By Theresa Arsenault, Q.C.
Categories: First Nations
PRESENTATION BY THERESA M. ARSENAULT OF PUSHOR MITCHELL LLP “UNDERSTANDING INDIAN ACT CONVEYANCING" APRIL 14, 2000 UNDERSTANDING THE DEVELOPMENT PROCESS FOR ON RESERVE LANDS

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Scow Institute Releases New Research Papers on Aboriginal Issues

By Pushor Mitchell LLP
Categories: Blog, First Nations
The Scow Institute is currently focusing on legal issues that affect Aboriginal people and has commissioned the following research papers on these important issues: Aboriginal Self-Government • Overview of Aboriginal Self-Government • What is Aborginal Self-Government • Why Aborginal Self-Government • Comparative Aborginal Self-Governance New! http://www.scowinstitute.ca/library/selfgovernment.html Taxation of Aboriginal People Do Aboriginal [...]

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