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ARTICLE · 16 FEBRUARY 2017

The Year Ahead: Ten Top Appeals To Watch In 2017

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

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The coming year will see our highest court decide a host of appeals of interest to Canadian businesses and professions.

CanadaStrategy
Kelli McAllister
Kelli McAllister
Sara Babich
Sara Babich
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The coming year will see our highest court decide a host of appeals of interest to Canadian businesses and professions. The Appeals Monitor is pleased to present our annual forecast of the top ten appeals expected in 2017.

Remedies for Breach of Modern Treaties: First Nation of Nacho Nyak Dun v Government of Yukon

This case involves a modern treaty known as the Umbrella Final Agreement ("UFA") between First Nations in the Yukon, the Crown, and the Yukon Government. Under the UFA, the parties are to engage in a collaborate land use planning process. At issue before the SCC is the remedy for breach of modern treaties and the remedy after quashing a flawed decision.

The UFA establishes a land use planning commission (the "Commission") for First Nations and the Yukon government with each party having decision-making authority in respect of land use plans. The Yukon government, using its decision-making authority, opted to modify the land use plan. These

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