Anderson v. Alberta: Supreme Court of Canada Clarifies When First Nations can be Awarded Advance Costs in Litigation On March 18, 2022, the Supreme Court of Canada issued an important decision for First Nations seeking legal redress for harms caused to their lands and resources. In Anderson v. Alberta, 2022 SCC 6 (“Anderson”), the Court [...]
Federal Court of Appeal upholds compensation awarded in Southwind v. Canada, 2019 FCA 171 In 2017 the Federal Court awarded the Lac Seul First Nation roughly $30 million as equitable compensation for breaches of the Crown’s fiduciary duties in connection with the construction of a dam that flooded one-fifth of [...]
R v Reynolds, 2017 NBCA 36 Subject : Fish and wildlife offences- illegal sale of moose Facts: The Aboriginal defendant killed a moose and traded its meat to K for a car. K, a non-Aboriginal person, was charged with unlawfully possessing and trading moose meat under Fish and Wildlife Act. The Defendant was charged as an [...]
Attorney General of Canada drops appeal of Specific Claims Tribunal decision On September 5 2017, Canada withdrew its application for a judicial review of the Specific Claims Tribunal decision in Attorney General of Canada v Huu-ay-aht First Nation. While disagreeing with the Tribunal’s formula for awarding compensation, the government acknowledged that Huu-ay-aht Nation has waited [...]
Beardy’s & Okemasis Band #96 and 97 v. Her Majesty the Queen in Right of Canada (Minister of Indian Affairs and Northern Development) Huu-Ay-Aht First Nations v. Her Majesty the Queen in Right of Canada (Minister of Indian Affairs and Northern Development), 2016 SCTC 14 PDF Download Word Download The [...]
By: Melodi Alopaeus & Nicole Wong Tomchuk PDF Download Word Download On December 16, 2016, the Specific Claims Tribunal awarded the Huu-ay-aht First Nation (“HFN”) $13.88 million, marking the Tribunal’s first decision on compensation. The case concerns Canada’s issuance of long-term logging license on HFN’s reserve lands. Background The decision follows the Tribunal’s finding [...]
