The BC Court of Appeal agreed with the Treaty 8 First Nations and Canada that the western boundary of Treaty No. 8 lies along the Arctic-Pacific divide, dismissing the Province’s appeal of the declaration at trial to that effect.
Chief Justice Bauman wrote the majority decision. His reasons are largely based on deference to the findings of fact of the trial judge. The Chief Justice, supported by Mr. Justice Goepel, held that the trial judge’s findings of fact were amply supported by the historical evidence of trial. The trial judge properly weighed the competing theories of the expert witnesses to conclude that the western boundary of Treaty No. 8 lies along the Arctic-Pacific divide. There is practical utility in resolving this dispute as it has festered for over 100 years. Finally, the honour of the Crown cannot be applied to alter historical promises made by the Crown to Indigenous people.
This decision affirms the ability of First Nations to ask the court for clarity about aspects of their historic Treaties with the Crown. Doing so provides “an opportunity for subsequent disputes to be resolved outside the litigation process. It opens the door to a less acrimonious relationship between the parties, rather than mandating larger-scale litigation” (para. 355).
See the full decision here https://www.bccourts.ca/jdb-txt/ca/20/01/2020BCCA0138.htm