Sentences with phrase «of land claims agreements»

Nelligan O'Brien Payne LLP's Indigenous Law group services include implementation of land claims agreements, taxation issues, land use and habitat issues, revenue sharing, resource development negotiations, construction contracts, employment matters, residential school claims and many others that may be required by First Nations and Inuit Organizations.

Proceedings against federal, provincial and territorial governments to enforce the implementation of land claims agreements and treaties

Jeff advances his clients» interests in a broad range of contexts, including through the courts, consultations with the Crown and negotiation with industry including, in regard to regulatory decisions, land use and strategic planning, oil and gas, mining, hydroelectric development and the implementation of land claims agreements.

Not exact matches

This Afghan policy was very much influenced by «Pashtunistanism,» driven by idealistic and principled causes (i.e. supporting Pashtuns and Balochs» right to self - determination, not recognizing the Durand line, and most of all continuing to claim as Afghan land territory lost in the 1893 Durand agreement, parts of today's Khyber Pakhtunkhwa and Balochistan provinces in Pakistan).

«Today's land claim settlement agreement represents decades of diligent effort and heroic patience on the part of the Stockbridge - Munsee Tribe through the years,» Governor Paterson said.

Tenney has been a vocal opponent of the agreements struck by the state, local governments and the Oneida Indian Nation that created exclusivity clauses in exchange for the settlement of long - standing land claims as well as revenue sharing agreements.

The land claim settlement agreement transferred to the Stockbridge - Munsee the rights to 1.84 acres of land in Madison County.

Earlier today, Governor Paterson was joined by Stockbridge - Munsee President Kim Vele and other stakeholders in Madison County to sign the Stockbridge - Munsee Land Claim Settlement Agreement, which cleared the way for this compact and settled a longstanding land claim impacting thousands of acres in Central New YLand Claim Settlement Agreement, which cleared the way for this compact and settled a longstanding land claim impacting thousands of acres in Central New Claim Settlement Agreement, which cleared the way for this compact and settled a longstanding land claim impacting thousands of acres in Central New Yland claim impacting thousands of acres in Central New claim impacting thousands of acres in Central New York.

At present only three land - claim agreements have been ratified in all of British Columbia.

Recently, Philip Jones of CRU (Climatic Research Unit) claimed to have entered into a variety of confidentiality agreements with national meteorological services that prevent him from publicly archiving the land temperature data relied upon by IPCC.

A v H: Junior Counsel in relation to potential claims against land management company regarding (i.a.) conduct at Planning Inquiry; concerned tenders for planning permissions for development sites for motorway service stations; possible breaches of joint venture agreement.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

Many First Nations governments are increasingly assuming responsibility for land - use planning, whether through the Indian Act, the First Nations Land Management Act, or within the context of modern land claims agreemeland - use planning, whether through the Indian Act, the First Nations Land Management Act, or within the context of modern land claims agreemeLand Management Act, or within the context of modern land claims agreemeland claims agreements.

As the payment of unpaid amounts under the Shared Services Agreement was secured by a lien enforceable in the same manner as a mortgage in default, the condominium corporation's claim fell under the Real Property Limitations Act, which has «a ten - year limitation period for an action to recover out of any land any sum of money secured by a lien or otherwise charged upon or payable out of the land.»

Lawyers advising First Nations on these issues should have a strong background in employment law principles and human rights, particularly since the Canadian Human Rights Code applies to all aspects of Indian band governance, including governance structures under modern land claims agreements.

Comprehensive Land Claim and Self - Government Negotiation TablesSee a listing of the status of Land Claim and Self - Government Agreements with Aboriginal groups and provincial / territorial governments across Canada.

For those currently negotiating land claim agreements and IBAs, the Settlement Agreement may provide concrete examples of dispute resolution (and dispute prevention) processes that can be built into those agreements.

It is notable how little the Court has to say in Clyde River about the terms of the Nunavut Land Claim Agreement.

Jennifer also works for a number of property developers providing advice in relation to their freehold land and disputes involving option agreements, boundary disputes, property related professional negligence, adverse possession claims and possession proceedings.

Claims to enforce agreements for the sale of land including whether the terms of a conditional sale had been breached;

While at this point there is not yet a crystal clear general legal requirement in Canadian law to consult with Indigenous peoples on the negotiation and ratification of international treaties, a number of «modern'treaties, called comprehensive land claims settlements, include explicit obligations on Canada to consult with the Indigenous party in advance of new international treaties that might affect rights under these agreements.

Of those, 18 are part of a comprehensive land claim agreement (or modern treatyOf those, 18 are part of a comprehensive land claim agreement (or modern treatyof a comprehensive land claim agreement (or modern treaty).

He received his LL.M., which focused on Canada's intellectual property regime in relation to the Nunavut Land Claims Agreement, from the University of Ottawa in April 2011, his LL.B.

Very soon after the ratification of the first comprehensive land claim, The James Bay and Northern Quebec Settlement Agreement (JBNQA), Canada and Quebec set about ignoring the Agreement and defying its provisions.

Long Plain First Nation et al. v. Canada (Attorney General) et al. 2015 FCA 177 Indians, Inuit and Métis Summary: A number of Manitoba First Nations Bands, as successors to the signatories to an 1871 land agreement known as Treaty No. 1, made various claims as to real property located within Winnipeg, known as the Kapyong Barracks; specifically, the piece comprising 159.62 acres, including operational premises previously used by the Canadian armed forces.

In the context of environmental assessment, for example, this may mean assessments carried out by collaboratively managed institutions such as the plethora of co-management boards enabled by northern land claims agreements (see for example those established under the Mackenzie Valley Resource Management Act), or it may mean enabling parallel assessments by Indigenous nations and the Crown (for an example see this independent assessment by the Tsleil Waututh Nation of the Kinder Morgan Trans Mountain tankers and pipelines project), followed by reconciliation negotiations to reach agreement on outcomes.

What is specific about these claims is that they allege non-fulfillment of a particular provision in an earlier treaty, though, generically, a modern land claim agreement could also give rise to a specific claim.

(B) an organization established to negotiate or implement on behalf of aboriginal people, a treaty or land claim agreement with the Government of Canada,

We advise a broad cross section of clients on all forms of disputes and legal proceedings relating to commercial property, including disputes relating to joint - venture and partnership arrangements relating to property; nuisance claims; service charge issues; applications to the Upper Tribunal to modify and discharge restrictive covenants affecting land; rent recovery; landlord and tenant insolvency; dilapidations and repair claims; boundary disputes; and disputes relating to the construction and meaning of property - related contracts such as agreements for lease, leases, overage agreements, guarantees, and sale contracts.

By: Nigel Bankes PDF Version: Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement Case commented on: Nunavut Tunngavik Incorporated v Canada (Attorney General), 2014... Continue reading →

Acting in a claim on an overage agreement concerning the sale of development land to a large national housebuilder

on Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement

Just and lasting settlements with the Métis, whether they are called treaties, modern - day land claims, or some other type of agreement, must be reached and given legal force and effect with s. 91 (24)'s certainty.

This agreement, which was enacted in its current form as part of the Smart Border Declaration: Building a Smart Border for the 21st Century on the Foundation of a North American Zone of Confidence [Ottawa, December 12, 2001](Smart Border) and came into force in December 29, 2004, deems (subject to limited exceptions) a foreign national who attempts to enter Canada at a land border from a «designated country» ineligible to make a refugee claim.

The Nunavut Court of Appeal has confirmed the availability of a disgorgement remedy as a possible means of assessing damages for breach of a modern land claim agreement.

(3) Cases reaching the SCC are suits brought by one or another of the handful of First Nations which hold a «modern land claim agreement» with Canada and with a Province.

This surge of political interest in treaty making was mostly evident in the territories north of the 60th parallel, where bilateral, nation - to - nation negotiations led to the making of the Inuvialuit Treaty (1984), the Gwich» in Comprehensive Land Claim Agreement (1992), the Nunavut Land Claims Agreement (1993) and the Sahtu Dene and Métis Comprehensive Land Claim Agreement (1993.)

Negotiation based on consent and equality can transform what was a contradiction at the foundation of our nation between the conflicting claims of Indigenous and non-Indigenous people to the jurisdiction of traditional lands, into an agreement as to the basis of our coexisting sovereignty.

Within this process there is capacity for States to adopt policies which broaden the scope of their negotiations with native title claim groups so that agreements can give recognition to the ongoing connection of Indigenous people to their land and provide an alternative and additional basis for the recognition of Indigenous peoples» economic and social rights.

The Commonwealth also negotiates native title agreements through the future act processes of the NTA where the Commonwealth proposes developments over land the subject of a claim.

The Kimberly Land Council representatives gave evidence that, as a result of under funding, they were forced to focus on progressing claims through the Courts at the expense of negotiating agreements related to developments on native title lLand Council representatives gave evidence that, as a result of under funding, they were forced to focus on progressing claims through the Courts at the expense of negotiating agreements related to developments on native title landland.

The indigenous peoples of Canada are afforded legislative rights that protect land claim agreements alongside legislative rights under land treaties.

The mutual benefit to be gained from negotiation based on consent and equality is that what was a contradiction at the foundation of our nation between the conflicting claims of Indigenous and non-Indigenous people to the jurisdiction of traditional lands, becomes an agreement as to the basis of our coexistence.

Under the Canadian Constitution Act 1982, land claim agreements and treaty rights have legislative protections without any derogation of these rights in preference to other agreements or rights.

Where native title negotiations are not directed through integrated policy objectives towards agreements which lay the foundation for economic and social development then the negotiations will instead be driven by other priorities, such as the need to resolve a legal claim or the land management priorities of the state.

At the Kimberley Land Council a conscious decision was taken to use its limited resources to pursue claims over and above the negotiation of agreements.

A number of self - government agreements have been put in place, with the current trend being to negotiate land claim settlements and self - governance as part of the one major comprehensive settlement.

The 1986 Policy allows for the retention of Aboriginal rights on land which Aboriginal people will hold following the conclusion of a claim settlement, to the extent that such rights are not inconsistent with the settlement agreement.

(30) The treaty signing was a historic moment not just for the Tlicho people, but also for the development of integrated land claims and self - government agreements.

The progress in settlement of land claims, the development of self - government, and the integration of land, governance and social and economic programs, are exemplified by the recent Tlicho (Dogrib) agreement.