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...
Case Brief: R. v. Desautel, 2019 BCCA 151 Christopher Devlin, Darian Baskatawang The BC Court of Appeal has decided that members of a present-day Indigenous community situated in Washington State are entitled to exercise constitutionally protected Aboriginal rights...
Former Attorney General of Canada Leaves Legacy of a New Approach to Dispute Resolution with Indigenous Peoples Christopher Devlin and Caitlin Stockwell, Articled Student January 18, 2019 On January 11, 2019, the former Attorney General of Canada, the Honourable Jody...
Case Brief: Restoule v. Canada (Attorney General), 2018 ONSC 7701 (“Restoule”) Restoule considers a clause in the Robinson Treaties of 1850 respecting the annuities to be paid, and whether they should be increased beyond the $4 per year set in the nineteenth century....
Case Brief: Tsleil-Waututh v. Canada (Attorney General), 2018 FCA 153 Federal Court of Appeal decision released August 30, 2018 regarding Trans Mountain pipeline Tsleil-Waututh is the second grand slam decision from the Federal Court of Appeal (the “FCA”) quashing an...
