Posted on by wallopAdmin
After 160 years, Williams Lake First Nation (“WLFN”) is one step closer to obtaining justice for its unlawful eviction from the community’s village lands at the current City of Williams Lake. On April 25, 2022, WLFN Chief and Council announced they had reached an agreement-in-principle with the Government of Canada regarding the settlement of WLFN’s […]
Posted on by wallopAdmin
News worth celebrating! Ts’uubaa-asatx Nation recently voted to accept Canada’s offer for settlement of a specific claim 111 years in the making. On February 3, 2022, Canada’s Minister of Crown–Indigenous Relations Marc Miller approved and signed the Settlement Agreement, settling Ts’uubaa-asatx’s specific claim alleging that Canada failed to protect 22.5 acres of Ts’uubaa-asatx Nation’s reserve […]
Posted on by Mandell Pinder LLP
On December 13-14, 2018, Leah Pence of Mandell Pinder LLP will be chairing the Pacific Business & Law Institute’s conference on specific claims in Vancouver. The conference is a great opportunity for Indigenous leaders and lawyers to learn about recent developments in this area of the law from experts in the field. Speakers at the conference […]
Posted on by Mandell Pinder LLP
On February 2, 2018 the Supreme Court of Canada (“SCC”) released its decision in Williams Lake Indian Band v Canada (AANDC), 2018 SCC 4, ruling the Williams Lake Indian Band (“Band”) was wrongfully displaced from its village lands, and restoring the decision of the Specific Claims Tribunal (“Tribunal”). The Tribunal had found that the Colony […]
Posted on by Mandell Pinder LLP
On February 29, 2016 the Federal Court of Appeal (“FCA”) released its decision in Canada’s application for judicial review of the decision of the Specific Claims Tribunal (“Tribunal”) in the Williams Lake Indian Band’s Village Site Claim. The FCA set aside the Tribunal’s decision, substituted its own decision for that of the Tribunal, and dismissed […]
Posted on by Mandell Pinder LLP
In this decision, Justice Whalen of the Specific Claims Tribunal (“Tribunal”) found that the Crown breached its legal obligations to the Doig and Blueberry River First Nations (formerly the Fort St. John Beaver Band) when it failed to obtain subsurface rights for the Replacement Reserves it acquired following the Band’s surrender of the Montney Reserve. […]
Posted on by Mandell Pinder LLP
This legal update, presented on September 28, 2015 to the Annual General Assembly of the Union of B.C. Indian Chiefs, provides a round-up of some of the cases that have been decided in the last few months, and the trends these cases reveal. I. Consultation Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource […]
Posted on by Mandell Pinder LLP
In Huu-Ay-Aht First Nations v. the Queen, 2014 SCTC 7, Judge Whalen of the Specific Claims Tribunal (“Tribunal”) decided in favour of the Huu-Ay-Aht First Nations (“Huu-Ay-Aht”), finding that Canada had committed multiple and ongoing breaches of fiduciary duties in relation to its dealings with a licence to harvest timber on Numukamis Indian Reserve No. […]
Posted on by Mandell Pinder LLP
Judge Patrick Smith of the Specific Claims Tribunal has issued a ruling in favour of the Popkum First Nation (“Popkum”) with respect to its claim regarding the Seabird Island Reserve. Judge Smith found that in divesting Popkum of its interest in the Seabird Island Reserve without compensation and distributing part of its share of the […]
Posted on by Mandell Pinder LLP
On June 5, 2014, the Federal Court of Appeal (the “Court”) released its decision in Canada v. Kitselas First Nation, 2014 FCA 150, dismissing Canada’s application for judicial review of the decision made by the Specific Claims Tribunal (“Tribunal”). In Kitselas the Tribunal found that Canada breached its fiduciary obligations in excluding from Kitselas’ reserve […]