Posted ~ October 1, 2015

Update on Recent Caselaw

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 […]

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Posted ~ July 30, 2015

Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations), 2015 BCCA 345 – Case Summary

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 […]

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Posted ~ June 5, 2015

Alexandra Morton v. Minister of Fisheries and Oceans and Marine Harvest Canada Inc., 2015 FC 575 – Case Summary

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 […]

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