By: Kent McNeil PDF Version: Indigenous Rights and Private Party Liability Matter Commented On: Thomas and Saik’uz First Nation v Rio Tinto Alcan Inc, 2022 BCSC 15 (CanLII) To what extent can private parties be held liable in tort law, specifically nuisance, for damage done to Indigenous rights? This was the issue in Thomas and Saik’uz […]
By: Kent McNeil PDF Version: Indigenous Law, the Common Law, and Pipelines Matter Commented On: Coastal GasLink Pipeline Ltd. v Huson, 2019 BCSC 2264 (CanLII) The extent to which Indigenous law is part of Canadian law along with the common law and civil law has become a major issue over the past two decades. Judges […]
By: Alexandra Heine and Kelly Twa PDF Version: Bill 1: Criminalizing Protests and Encroaching on Aboriginal and Treaty Rights Bill Commented On: Bill 1, the Critical Infrastructure Defence Act, 2nd Sess, 30th Leg, Alberta, 2020 This is the second part of a two-part series on Bill 1, the Critical Infrastructure Defence Act, 2nd Sess, 30th […]
By: Scott Carrière PDF Version: Whose Sovereignty is it Anyway? The Borders of Aboriginal Rights along the Sovereign Borders of Canada Case Commented On: R v Desautel, 2019 BCCA 151 (CanLII) On October 24, 2019, the Supreme Court of Canada agreed to hear the Crown’s appeal from the British Columbia Court of Appeal’s decision in […]
By: Sharon Mascher PDF Version: In Pausing Taseko’s New Prosperity Mine Exploration Program BCCA Recognizes Unsettled Questions Relating to the Duty to Consult; Consent and Justification Analysis and Proven Aboriginal Rights Case Commented On: William v British Columbia (Attorney General), 2019 BCCA 112 (CanLII) On April 1, 2019, the British Columbia Court of Appeal (BCCA), in William […]
