The honour of the Crown requires that the Crown fulfil their treaty promises with honour, diligence, and integrity. The duty of honour also includes a duty to interpret and implement the Treaties purposively and in a liberal or generous manner. Justice Hennessy, Restoule v Canada (Attorney General) 2018 Specific Claims The Specific Claims process [...]
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 [...]
In 1973, the Supreme Court of Canada confirmed that unextinguished Aboriginal title continued to exist in parts of Canada, though at the time the interest was considered to be a right held by Indigenous communities to simply to possess (not necessarily exclusively) and use the lands. This right was also considered to be subject [...]
Aboriginal rights are modern-day practices, customs or traditions that are integral to Indigenous communities today and have their roots in the community’s practices, customs and traditions prior to contact with explorers and traders arriving from Europe. Although traceable to pre-contact practices, the practice protected today will not be frozen in its historical form, and [...]
HUMAN RIGHTS AND INTERNATIONAL LAW Human rights are rights that we all have by virtue of our shared humanity. In Canada, the Charter of Rights and Freedoms provides constitutional protection for these rights, including the right for everyone to be equal before and under the law. Federal, provincial and territorial human rights laws also [...]
RESOLVING LEGAL DISPUTES: ALTERNATIVES TO LITIGATION All legal issues are essentially a dispute: two (or more) parties cannot agree on the interpretation or enforcement of their legal obligations. While the resolution of legal disputes is often conflated with the adversarial court system, in fact there exist a wide range of “alternatives” to litigation. The [...]
Williams Lake Indian Band v Canada considers [1] an appeal from the Federal Court of Appeal that set aside a decision from the Specific Claims Tribunal. The Supreme Court of Canada (“SCC”) found that Canada was liable for breach of it legal and fiduciary duty under s.14(1)(b), 14(1)(c), and 14(2) pursuant to the Specific Claims Tribunal [...]
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 [...]
