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Highlights and Trends
As the law relating to Indigenous peoples, and the application
of that law, evolves so does the nature and type of Indigenous
rights litigation. This bulletin highlights certain key Indigenous
rights cases that were decided, heard, or commenced in 2020, and
identifies overarching trends. These trends apply to varying
degrees in different provinces and territories, but are all worth
following as the law in this area continues to advance:
Lengthy trials vs judicial
reviews: Indigenous rights litigation has focused
largely on challenges to project approvals or permits and the
boundaries of adequate consultation. Increasingly, lawsuits seeking
damages and other relief for title or rights infringement are