Practice Area: Aboriginal and Treaty Rights

Supreme Court upholds federal Indigenous child welfare legislation: Analysis of Reference re An Act respecting First Nations, Inuit, and Métis Children, Youth, and Families, 2024 SCC 5

Exploring the Supreme Court ruling on Indigenous child welfare legislation and its affirmation of an Indigenous right of self-government

SCC will hear Takuhikan v Procureur général du Québec: Implications for Indigenous Policing Funding and Crown-First Nation Contracts

A summary of a Quebec Court of Appeal case that highlights significant developments impacting the funding of Indigenous policing services in Canada, and which may have broader implications for contracts between the Crown and First Nations.

Landmark decision opens door to private law remedies for First Nations: A case summary of Thomas and Saik’uz First Nation v Rio Tinto Alcan Inc.

The BC Supreme Court ruled that Rio Tinto Alcan is interfering with Aboriginal fishing rights and causing harm to fish in the Nechako watershed. A team of Ratcliff lawyers worked in collaboration with the Sai’kuz and Stellat’en First Nations to advance the claim and achieve this significant step forward in Aboriginal Law in Canada.

Commercial fisheries: Should commercial fishing rights be included in modern treaties?

Given the cultural and economic importance of commercial fishing to BC First Nations, and in particular coastal First Nations, the answer to this question is obviously “yes”. However, this answer must be qualified somewhat: “Yes, provided the inclusion of commercial fisheries in the treaty meets the cultural and economic needs of the respective First Nation”.

The Aboriginal right to sell fish: Ahousaht Nation et al v Canada

On November 3, 2009, the B.C. Supreme Court released its judgment in Ahousaht Nation v. Canada. Madam Justice Garson (now J.A.) concluded that all five Nuu-chah-nulth plaintiffs have aboriginal rights to fish in their traditional territories and sell that fish into the commercial marketplace.