Relieved of Duty: Local Governments Do Not Owe an Independent Duty to Consult First Nations

Posted on April 11, 2012 by hwang

CASE COMMENT:

Neskonlith Indian Band v. The City of Salmon Arm et al., 2012 BCSC 499

Last week, in Neskonlith Indian Band v. The City of Salmon Arm et al., the Supreme Court of British Columbia answered a question which has loomed over local governments for some time: do local governments owe First Nations an independent constitutional and legal duty to consult and accommodate in good faith prior to making decisions which may impact aboriginal rights and title?  The court concluded that no such independent duty exists. Continue reading →

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Decriminalization of Prostitution: Ontario Court of Appeal Strikes Down Bawdy House Provisions

Posted on March 29, 2012 by hwang

CASE COMMENT

Canada (Attorney General) v. Bedford, 2012 ONCA 186

On March 26, 2012, in the case of Canada (Attorney General) v. Bedford, 2012 ONCA 186, the Ontario Court of Appeal struck down the Criminal Code provisions relating to bawdy houses,  effectively decriminalizing the operation of brothels.  The ruling has been suspended for one year, and will likely be appealed.  Continue reading →

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Video Update – Tips on Tendering

Posted on March 13, 2012 by hwang

Tips addressing five common issues which may arise during the tendering process.

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The Final Curtain on the Catalyst Property Tax Battle

Posted on January 24, 2012 by admin

CASE COMMENT

Catalyst Paper Corporation v. North Cowichan (District) 2012 SCC 2

The Supreme Court of Canada (“SCC”) has, in its decision of January 20, 2012 affirmed the findings of the BC Supreme Court and BC Court of Appeal in upholding the District’s tax rate bylaw, which was challenged by Catalyst Paper Corporation (“Catalyst”) as being illegal, unreasonable and ultra vires. Continue reading →

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Guilt by Association?

Posted on January 18, 2012 by admin

GUILT BY ASSOCIATION?

Conflict of Interest under the Community Charter and Common Law

Given the recent civic elections this past November, conflict of interest rules may be a topic on the radar of many local government elected officials.  As such, the BC Supreme Court’s recent decision in Schlenker v. Torgrimson, 2012 BCSC 41 (“Torgrimson”) is timely, as it further clarifies the conflict rules pertaining to elected officials who are also members or directors of community organizations that may, in the future, have matters before the elected official’s council or board. Continue reading →

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