First Nations Litigation

Landmark court decision declares provincial mineral tenure regime to be contrary to section 35(1) of the Constitution

The British Columbia Supreme Court released a landmark ruling in a case brought by Ehattesaht First Nation and Gitxaala First Nation, challenging the provincial regime that allows for granting mineral tenures without any prior consultation regarding their section 35(1) Aboriginal rights and title.

Ontario courts apply the Aboriginal title test to submerged lands and find historical treaty breach

Chippewas First Nation and Saugeen First Nation

A recent decision from the Ontario Court of Appeal considered two claims brought by the Saugeen First Nation and the Chippewas of Nawash Unceded First Nation. This is the first time an appeal court has considered the application of the Aboriginal title test to claims to title over waterbodies.

BC’s New Litigation Directives Encourage Negotiation over Litigation with Indigenous Peoples

The Province’s “new approach to litigation” seeks to transform the government’s relationship with Indigenous peoples by prioritizing alternative dispute resolution and negotiated settlement over adversarial, courtroom litigation that presents challenges to achieving reconciliation.

Category: First Nations Litigation