By Christopher Devlin and Lorenzo Rose
The Nuchatlaht brought a claim to Aboriginal title to a land-based territory of 201 square kilometres on the east side of Vancouver Island. They relied solely on the historical, ethnohistorical and archaeological record to prove their claim and did not adduce any oral history evidence.
Access to Justice in Canada and BC By Chris Tuharsky Let’s face it, going to court is not cheap. Between hiring a lawyer, court fees, etc. a person can be looking at spending tens of thousands of dollars for a relatively short proceeding. Because of this, many...
DGW Law is pleased to announce that associate lawyer Courtenay Jacklin has joined the roster of lawyers who work with West Coast Environmental Law’s Environmental Dispute Resolution Fund (“EDRF”) clients to provide legal services for the protection of the environment! This fund is a unique access to environmental justice program that provides financial assistance to BC residents to retain legal counsel and has worked with Indigenous and non-Indigenous applicants.
Preparing to be Examined for Discovery as a Self-Represented Litigant By Lorenzo Rose If you ask a group of people what their favorite way to spend their free time is, odds are not a single person will say “fighting a lawsuit.” Litigation is almost always stressful...
BC’s Civil Litigation Directives: Defences, Double Standards, and Displacement By Kajia Eidse-Rempel Overview On April 21, 2022, British Columbia’s Attorney General released the Province’s ‘Directives on Civil Litigation involving Indigenous Peoples.’ The directives...
On March 18, 2022, the Supreme Court of Canada released its decision in Anderson v. Alberta, 2022 SCC 6. At issue in this case was whether Canada and Alberta should be required to partially pay Beaver Lake Cree Nation’s legal fees to bring a claim based on their Treaty no. 6 rights. This decision expands the availability of advance costs awards to Indigenous governments who have revenue or assets that could theoretically be used to fund litigation, but which are required for other ‘pressing need’ priorities. In doing so the Supreme Court has increased the ability of Indigenous nations to access the court system to defend their constitutionally-protected Aboriginal or Treaty rights.
Case Brief: Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., 2022 BCSC 15 By Kajia Eidse-Rempel and Courtenay Jacklin On January 7, 2022, the BC Supreme Court released reasons for judgment in Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc.[1] The main...
Case Brief: AltaLink Management Ltd v Alberta (Utilities Commission), 2021 ABCA 342 By Courtney Jacklin and John Gailus On October 15, 2021, the Court of Appeal of Alberta released its decision in AltaLink Management Ltd v Alberta (Utilities Commission). The court...
Case Brief: Canada (Attorney General) v. First Nations Child and Family Caring Society of Canada, 2021 FC 969 By Courtney Jacklin and Kajia Eidse-Rempel What this case is about This case is about the compensation owed to Indigenous children as a result of system...
Case Brief: Snaw-Naw-As First Nation v. Canada (Attorney General), 2021 BCCA 333 By Christopher Devlin and Courtney Jacklin What this case is about In 1912, the federal government granted a right of way to the E&N Railway Company through Snaw-naw-as First Nation’s...