Indigenous Land Rights
Ratcliff LLP is a leading firm in the area of Aboriginal rights and title and Treaty rights.

REPRESENTIVE WORK
RELATED PUBLICATIONS
REPRESENTIVE WORK
- Saik’uz and Stellat’en First Nations v. Rio Tinto Alcan, in progress – Aboriginal rights and title claim in the BC Supreme Court seeking to restore flows and fisheries in the Nechako River that was dammed by Rio Tinto Alcan in the 1950s.
- Blueberry River First Nations v. British Columbia, in progress – a comprehensive Treaty 8 infringement claim in BC Supreme Court seeking to protect treaty lands and rights from further industrial development in Northeast BC.
- Ahousaht et al. v. Canada: Major litigation proving an Aboriginal right for several Nuu-chah-nulth First Nations to fish commercially for any species of fish in First Nations’ traditional fishing territories on the West Coast of Vancouver Island, proving an infringement of that right, and responding to Crown’s claims to justification of that infringement.
- Thomas et al. v. Canada: a claim in the British Columbia Supreme Court to the lands on which the Provincial Legislature sits in Victoria, resulting in a multi-million dollar settlement for two Victoria First Nations.
- Squamish Indian Band v. Canadian Pacific: claim for land in Kitsilano Point area of Vancouver against the Canadian Pacific Railway resulting in the return to the Squamish Nation of 10 acres of the former Kitsilano Indian Reserve – the Squamish Nation village of Sen̓áḵw – in the Kitsilano Point area of Vancouver.
- Mathias (Squamish Nation) v. Canada: claim for land in Kitsilano near downtown Vancouver resulting in a multi-million dollar settlement after (what was then) the longest trial in Federal Court history.
- Coldwater Indian Band v. Canada, 2017 – Proved that the Government of Canada breached its fiduciary duty obligation to the Coldwater Indian Band when it approved the transfer of the existing Trans Mountain Pipeline easement through Coldwater’s reserve.
- Counsel in a wide range of court proceedings advancing aboriginal rights and title in the context of enforcing the duty to consult, including Coldwater Indian Band v. Canada and Squamish Nation v. Canada (Trans Mountain Project), Squamish Nation v. British Columbia (Garibaldi ski resort project), Lax Kw’alaams v. British Columbia (Minister of Forests) (Tree Farm Licence transfer); and others, many of which have resulted in successful court decisions, the return of traditional lands to our First Nation clients, significant cash payments and economic development opportunities.
- Tsawwassen First Nation v. Vancouver Port Authority: a claim against the Crown, the Roberts Bank Port and BC Ferries for unlawful interference with Tsawwassen First Nations’ riparian rights on their reserve, resulting in a multi-million dollar settlement.
- Participated as counsel in many leading aboriginal rights cases in the Supreme Court of Canada including Sparrow, Delgamuukw, Haida Nation, Osoyoos Band v. Oliver, R. v. Kapp, and T’silhqotin.
RELATED PUBLICATIONS
- Achieving Cultural Security and Continuity. R. v. Sappier and the Refined Van der Peet Test
- Commercial Fisheries: Should Commercial Fishing Rights be Included in Modern Treaties – Pros, Cons and Alternatives
- Food Fish, Commercial Fish, and Fish to Support a Moderate Livelihood: Characterizing Aboriginal and Treaty Rights to Canadian Fisheries
- Just the Facts! Aboriginal Title and Proof of Occupation after Marshall; Bernard
- Pre-Litigation Agreements in Aboriginal Rights and Title Litigation
- Reconciliation through Litigation
- The Aboriginal Right to Sell Fish: Ahousaht Nation et al v Canada
- The Duty to Consult in the Administrative Law context: When it arises, and where it is enforced
- The Squamish Nation Assessment Process: Getting to Consent
Ready when you are
Our lawyers offer a broad range of experience and expertise, with a client-first philosophy to help you achieve your goals.