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...
Case Brief: Ahousaht Indian Band and Nation v. Canada (Attorney General), 2021 BCCA 155 By Christopher Devlin, Sarah Pike and Lorenzo Rose What this case is about This decision is the latest instalment in the long and complex litigation between Canada and five...
Case Brief: Bertrand v. Acho Dene Koe First Nation, 2021 FC 287 By Lorenzo Rose What this case is about COVID-19 has impacted many of our most important activities, including the ways we vote in elections. For many First Nations, their past practices for conducting...
After sixteen years of litigation on this issue, it is time for British Columbia to pursue a less acrimonious relationship.
West Moberly First Nations v. British Columbia, 2020 BCCA 138 Summary A majority of the BC Court of Appeal has affirmed that the western boundary of Treaty No. 8 lies along the Arctic-Pacific divide. The court dismissed British...
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...