By Christopher Devlin and Lorenzo Rose
The Nuchatlaht brought a claim to Aboriginal title to a land-based territory of 201 square kilometres on the east side of Vancouver Island. They relied solely on the historical, ethnohistorical and archaeological record to prove their claim and did not adduce any oral history evidence.
BC’s Civil Litigation Directives: Defences, Double Standards, and Displacement By Kajia Eidse-Rempel Overview On April 21, 2022, British Columbia’s Attorney General released the Province’s ‘Directives on Civil Litigation involving Indigenous Peoples.’ The directives...
On March 18, 2022, the Supreme Court of Canada released its decision in Anderson v. Alberta, 2022 SCC 6. At issue in this case was whether Canada and Alberta should be required to partially pay Beaver Lake Cree Nation’s legal fees to bring a claim based on their Treaty no. 6 rights. This decision expands the availability of advance costs awards to Indigenous governments who have revenue or assets that could theoretically be used to fund litigation, but which are required for other ‘pressing need’ priorities. In doing so the Supreme Court has increased the ability of Indigenous nations to access the court system to defend their constitutionally-protected Aboriginal or Treaty rights.
Signing Ceremony Cementing Partnership Between Tsawout First Nation and Cascadia Seaweed By John Gailus, Kajia Eidse-Rempel and Erica Fritch On Friday, February 25, 2022, members of DGW Law joined Tsawout First Nation Chief and Council, Elders and members,...
Case Brief: Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., 2022 BCSC 15 By Kajia Eidse-Rempel and Courtenay Jacklin On January 7, 2022, the BC Supreme Court released reasons for judgment in Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc.[1] The main...
Case Brief: Kwikwetlem First Nation v. British Columbia, 2020 BCCA 311 By Courtney Jacklin and John Gailus What this case is about In 2016, the Kwikwetlem First Nation (“KFN”) filed a notice of civil claim seeking, among other things, a declaration of Aboriginal title...
Case Brief: Ermineskin Cree Nation v. Canada (Environment & Climate Change), 2021 FC 758 By John Gailus and Sayre Potter What this case is about Ermineskin Cree Nation (“Ermineskin”) is an Indian band and a signatory to Treaty 6. Ermineskin’s traditional...
Case Brief: Southwind v. Canada, 2021 SCC 28 By Christopher Devlin and Kajia Eidse-Rempel What this case is about In 1929 Canada authorized the flooding of the Lac Seul First Nation (“Lac Seul”) reserve in northern Ontario for the purpose of a hydroelectric dam,...
Case Brief: Yahey v. British Columbia, 2021 BCSC 1287 By Christopher Devlin and Kajia Eidse-Rempel What this case is about Blueberry River First Nations (“Blueberry”) brought a claim against the Province of British Columbia (“Province”) alleging the cumulative effects...
Case Brief: R. v. Desautel, 2021 SCC 17 By John Gailus and Lorenzo Rose What this case is about When Canada’s border with the United States was extended to the Pacific Ocean in 1846, the colonial governments did so with no consideration of the territories and...