Calgarypuck Forums - The Unofficial Calgary Flames Fan Community - View Single Post - $10 Billion Lawsuit against Alberta and Feds

troutman · 02-23-2015, 08:48 AM

This is such a complex area - there are textbooks and university courses devoted to it. To summarize this entire realm of litigation in a sentence or paragraph is simplistic. Certainly there are themes that can be identified, but every case is different.

Are these lawsuits fruitless? Many cases have been successful. And success can be defined in a number of ways:

http://www.lawtimesnews.com/20140804...-of-both-sides

With First Nations having won some key court victories in recent months, the federal government looks to be responding (or at least appearing to do so) with new measures announced last week on treaty negotiations and reconciliation.

Among the measures are new guidance for industry on consultation with aboriginals and entering into more consultation protocols in areas such as resource development. They also include an effort to clarify the federal government’s approach to helping resolve shared territory disputes related to resource development.

A 25-year legal dispute with Alberta First Nations over oil royalties is a major item on the department’s list of law firm spending. One First Nation in particular, the Samson Indian Nation, has been battling the government first over the interest paid on royalties it had been holding on its behalf and now on the price Canada had based them on during the 1970s. The First Nations lost on the interest issue at the Supreme Court of Canada a few years back but they continue to challenge the government’s use of the lower domestic price of oil during that period, rather than the higher exported price, to calculate the royalties owing to the First Nation. The issue, of course, dates back to the time of regulated oil prices in Canada. The parties have been litigating over the issue since 1989 with much of the proceedings so far involving interlocutory motions.

http://www.firstnationsdrum.com/2009...royalty-suits/

JUDICIAL CONSIDERATION OF THE INDIAN OIL AND GAS ACT AND REGULATIONS
http://raeandcompany.com/wp-content/...sideration.pdf

http://www.sct-trp.ca/hom/index_e.htm

First Nations' Remarkable Legal Winning Streak

http://thetyee.ca/Books/2014/04/10/Resource-Rulers/

These books, while different in content, share in common the characterization of Indigenous economies as dependent systems. The solution to achieving self-determination is always conflated with free market access. And while these authors are careful to situate the poverty in First Nations communities within a historical context of land dispossession and legislative discrimination, they are equally careful to avoid analyzing inequalities in systems of free market capitalism.

02-23-2015, 08:48 AM	#14
troutman Unfrozen Caveman Lawyer Join Date: Oct 2002 Location: Crowsnest Pass Exp:	This is such a complex area - there are textbooks and university courses devoted to it. To summarize this entire realm of litigation in a sentence or paragraph is simplistic. Certainly there are themes that can be identified, but every case is different. Are these lawsuits fruitless? Many cases have been successful. And success can be defined in a number of ways: http://www.lawtimesnews.com/20140804...-of-both-sides With First Nations having won some key court victories in recent months, the federal government looks to be responding (or at least appearing to do so) with new measures announced last week on treaty negotiations and reconciliation. Among the measures are new guidance for industry on consultation with aboriginals and entering into more consultation protocols in areas such as resource development. They also include an effort to clarify the federal government’s approach to helping resolve shared territory disputes related to resource development. A 25-year legal dispute with Alberta First Nations over oil royalties is a major item on the department’s list of law firm spending. One First Nation in particular, the Samson Indian Nation, has been battling the government first over the interest paid on royalties it had been holding on its behalf and now on the price Canada had based them on during the 1970s. The First Nations lost on the interest issue at the Supreme Court of Canada a few years back but they continue to challenge the government’s use of the lower domestic price of oil during that period, rather than the higher exported price, to calculate the royalties owing to the First Nation. The issue, of course, dates back to the time of regulated oil prices in Canada. The parties have been litigating over the issue since 1989 with much of the proceedings so far involving interlocutory motions. http://www.firstnationsdrum.com/2009...royalty-suits/ JUDICIAL CONSIDERATION OF THE INDIAN OIL AND GAS ACT AND REGULATIONS http://raeandcompany.com/wp-content/...sideration.pdf http://www.sct-trp.ca/hom/index_e.htm First Nations' Remarkable Legal Winning Streak http://thetyee.ca/Books/2014/04/10/Resource-Rulers/ These books, while different in content, share in common the characterization of Indigenous economies as dependent systems. The solution to achieving self-determination is always conflated with free market access. And while these authors are careful to situate the poverty in First Nations communities within a historical context of land dispossession and legislative discrimination, they are equally careful to avoid analyzing inequalities in systems of free market capitalism. Last edited by troutman; 02-23-2015 at 10:17 AM.