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...
Case Brief: Southwind v. Canada, 2021 SCC 28 By Christopher Devlin and Kajia Eidse-Rempel What this case is about In 1929 Canada authorized the flooding of the Lac Seul First Nation (“Lac Seul”) reserve in northern Ontario for the purpose of a hydroelectric dam,...
Case Brief: Yahey v. British Columbia, 2021 BCSC 1287 By Christopher Devlin and Kajia Eidse-Rempel What this case is about Blueberry River First Nations (“Blueberry”) brought a claim against the Province of British Columbia (“Province”) alleging the cumulative effects...
Western Boundary of Treaty No. 8 West Moberly First Nations et al. v. British Columbia et al 2017 BCSC 1700, affirmed 2020 BCCA 138, leave to appeal denied January 21, 2021, SCC #39292 After almost 16 years of litigation, the location of the western boundary of Treaty...
West Moberly First Nations v. British Columbia, 2020 BCCA 138 Summary A majority of the BC Court of Appeal has affirmed that the western boundary of Treaty No. 8 lies along the Arctic-Pacific divide. The court dismissed British Columbia’s appeal and upheld the BC...