GITXAALA NATION’S CHALLENGE TO BC’s MINERAL CLAIM REGIME
On October 25, 2021, Gitxaala Nation filed a Petition in the Supreme Court of...
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ADVANCED COSTS: CAN FIRST NATIONS AFFORD TO PROVE THEY ARE POOR ENOUGH TO OBTAIN ACCESS TO JUSTICE?
The SCC has recently addressed the test for “advanced costs” in the Anderson case, which involved an Indigenous government alleging treaty breaches by the Crown. To afford the litigation...
Read MoreUNDRIP AND DRIPA: “VACUOUS POLITICAL BROMIDE” OR A BASIS FOR SUBSTANTIAL CHANGE TO THE COMMON LAW OF ABORIGINAL RIGHTS?
In the recent Saik’uz case, the BC Supreme Court touched on what may be one of the most fundamental disputes in Canadian aboriginal law...
Read MoreSAIK’UZ: DOES ABORIGINAL TITLE TO WATERBED REALLY GIVE RISE TO AN INSURMOUNTABLE CONFLICT?
In Saik’uz First Nation v Rio Tinto Alcan Inc., 2022 BCSC 15, the Supreme Court of BC addressed, but did not decide, a dispute about aboriginal title over riverbeds of navigable rivers...
Read MoreThe Devastating discovery of unmarked graves at Kamloops Indian and Marieval Indian Residential Schools
by Savannah Carr-Wilson Our firm stands in solidarity with the residential school survivors, Indigenous...
Read MoreCommercial Litigation Team of the Year!
In May 2021, Ng Ariss Fong received a Canadian Law Award! We and several...
Read MoreR. v. Desautel (2021 SCC 17) and the aboriginal peoples of Canada
by Ruben Tillman The Supreme Court of Canada (the “SCC”) has ruled that people...
Read MoreAffirming a Fuller Expression of the Nuu-Chah-Nulth’s Right to Fish and Sell Fish: Ahousaht Indian Band and Nation v Canada (Attorney General), 2021 BCCA 155
by Savannah Carr-Wilson This BC Court of Appeal decision is about the scope of...
Read MoreThe Wet’suwet’en movement: signalling the need for a new approach based on inherent rights recognition
by Savannah Carr-Wilson RCMP action against Wet’suwet’en hereditary chiefs opposing the Coastal GasLink pipeline...
Read MoreBC’S new Declaration on the Rights of Indigenous Peoples Act: A step towards reconciliation
by Savannah Carr-Wilson On November 28, 2019, British Columbia (“BC”)’s new Declaration on the...
Read MoreFlawed Federal Report means BC must reconsider certificate conditions for TransMountain: Squamish Nation v. British Columbia (Environment), 2019 BCCA 321
by Savannah Carr-Wilson In September 2019, the BC Court of Appeal directed the Province...
Read MoreThe duty to consult about inadequate fishing allocations: Squamish Nation v. Canada, 2019 FCA 216
Squamish First Nation recently succeeded on its appeal of a lower court decision (2017...
Read MoreEnforcing Indigenous laws in Canadian courts
A recent Ontario Court of Appeal case has addressed the right of a litigant...
Read MoreAfter Kirby’s Oil Spill: The Criminal Conviction and Sentencing
Kirby Corporation sentenced in Bella Bella for 2016 oil spill in Heiltsuk territory When...
Read MoreIndigenous governments and environmental protection: a lost opportunity for the courts at the crude oil reference (2019 BCCA 181)
On May 24, 2019, the BC Court of Appeal released a much-anticipated decision in...
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