Environmental, Indigenous and Natural Resources Blog

On April 15, 2015, the BC Court of Appeal issued its decision in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc, 2015 BCCA 154. The decision is significant because the Court of Appeal found that proof of an existing Aboriginal right (including title) is not required prior to Aboriginal peoples commencing claims against private parties to enforce ...

Introduction

On June 26, 2014, the Supreme Court of Canada (“SCC”) released its much anticipated decision on Aboriginal title in the Tsilhqot’in case and surprised many by granting the Tsilhqot’in Nation a declaration of Aboriginal title to approximately 200,000 hectares (2,000 km²) of land.

The Tsilhqot’in case is the first case decided by the SCC granting ...

Today the British Columbia Court of Appeal released its decision on the appeals of the Supreme Court of British Columbia’s decision in Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700. While the Court of Appeal analyzed some of the issues differently, it ultimately dismissed all appeals, and upheld the Supreme Court’s order in its entirety.

The Court of ...

On November 21, 2007, the Supreme Court of British Columbia released its decision in Tsilhqot’in Nation v. British Columbia, 2007 BCSC 1700.  The decision dealt with a claim brought by Chief Roger William of the Xeni Gwet’in First Nation, on behalf of the Xeni Gwet’in First Nation and the Tsilhqot’in Nation.  Initially, theTsilhqot’in’s claim, against the ...