Posted ~ October 1, 2015
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 ~ 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 by Mandell Pinder LLP
Posted in Aboriginal Rights & Title, Case Summaries, Duty to Consult, Treaty Rights
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 Mandell Pinder LLP
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 Mandell Pinder LLP
Posted in Administrative & Regulatory Law, Case Summaries
Posted by Mandell Pinder LLP
Posted in Aboriginal Rights & Title, Administrative & Regulatory Law, Case Summaries, Duty to Consult, Papers & Presentations, Specific Claims, Treaty Rights