Posted ~ July 30, 2015
In a decision that provides welcome clarity on the Crown’s obligation to consult and set the proper stage for meaningful consultation to take place, the BC Court of Appeal overturned the decision of the BC Supreme Court, finding that the Province breached its duty to consult with the Kwakiutl First Nation (“KFN”) regarding the decisions […]
Posted ~ June 9, 2015
On June 3, 2015, the BC Court of Appeal released its decision in Louie v. Louie, 2015 BCCA 247. The Court of Appeal overturned the decision of the trial judge (Louie v. Louie, 2014 BCSC 133) and held that members of the Band Council of the Lower Kootenay Indian Band (the “Band”) breached their fiduciary […]
Posted by wallopAdmin
Posted in Case Summaries, Governance & Nation Building
Posted ~ June 5, 2015
In this decision of the Federal Court of Canada, Mr. Justice Rennie concluded that certain conditions included in Marine Harvest’s fish farm licence were inconsistent with the regulatory standards governing when fish can be transferred to the marine environment, and were also inconsistent with the precautionary principle. The Court gave the Department of Fisheries and […]
Posted by wallopAdmin
Posted in Administrative & Regulatory Law, Case Summaries
Posted ~ June 3, 2015
The Supreme Court of Canada (“SCC”) in Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30, has emphasized that individuals challenging First Nations’ laws for failing to comply with the equality provision in the Charter will have to bring forward specific evidence of the law’s discriminatory effects. The SCC concluded that in this case there was […]
Posted by wallopAdmin
Posted in Case Summaries, Charter of Rights and Freedoms
Posted by wallopAdmin
Posted in Aboriginal Rights & Title, Case Summaries, Duty to Consult, Treaty Rights