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Gamlaxyeltxw v British Columbia (Minister of Forests, Lands and Natural Resource Operations) 2018 BCSC 440 – Case Summary

This case involves an issue that is being litigated for the first time in Canadian courts.  In the decision, Justice Sharma of the British Columbia Supreme Court was asked to address how to resolve a potential conflict between two constitutional duties: the Crown’s duty to an Aboriginal people with whom it has entered into a […]

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R v Desautel, 2017 BCSC 2389 – Case Summary

In R v Desautel, 2017 BCSC 2389, released on December 28, 2017, the British Columbia Supreme Court (“BCSC”) dismisses the Crown’s appeal of R v DeSautel, 2017 BCPC 84, and upholds Mr. Desautel’s acquittal on hunting charges. The BCSC confirms Mr. Desautel’s defence that he was exercising an aboriginal right to hunt for ceremonial purposes […]

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