Nicole Iaci and Erica Stahl will present at the annual National Claims Research Workshop in Ottawa on October 20, 2022. They will discuss the significance of two recent Specific Claims Tribunal decisions: Kwakiutl v Canada, 2022 SCTC 1 and Kahkewistihaw First Nation v Canada, 2022 SCTC 5. Kwakiutl is a rare example of a claim arising from an alleged breach of treaty in BC. The decision provides useful insight into the kinds of evidence that can aid the Tribunal in understanding the common intentions of treaty partners. The Kahkewistihaw decision arose from the surrender of reserve lands in Saskatchewan, and likewise provides important insight into common evidentiary gaps that can be addressed through community research.
Nicole and Erica will also update the National Claims Research Directors on the status of Restoule v Canada, 2021 ONCA 779 which is being appealed to the Supreme Court of Canada. This appeal is important because of its potential to strengthen the role for Indigenous laws in the interpretation of historical treaty promises, and its potential to develop the doctrine of the Honour of the Crown. Mandell Pinder LLP is legal counsel to the Union of BC Indian Chiefs which is leading a coalition that intends to seek leave to intervene in Restoule before the Supreme Court of Canada.
The annual National Claims Research workshop “assembles experts from all regions of Canada to share information regarding recent developments in information management, oral history, legislative initiatives and case law that directly impact research, development and resolution of specific claims.” Registration information can be found at its website.