Lots of interest in yesterday's decision so I thought I'd post it asap (see below).
In sum, the Federal Court of Appeal concluded that whether or not the federal government was liable to the Band for the colony having not set aside the village site, Canada had remedied any possible breach by later acquiring other lands for the Band.
The Court set aside the decision of the Tribunal and then took the highly unusual step of deciding the matter itself. On the basis of its own review of the historical record it dismissed the claim, concluding that no other outcome was possible.
- Canada v. Williams Lake Indian Band, 2016 FCA 63
- UBCIC Press Release
- My interview on CFNR re the decision: Potentially major setback for First Nations seeking going through Specific Claims Tribunal hearings
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. He is also an Adjunct Professor at the University of British Columbia’s Allard School of Law where he teaches the constitutional law of Aboriginal and Treaty rights. Bruce is a proud Métis from the Red River in Manitoba. He holds a Ph.D. in Aboriginal and environmental history and is a Fulbright Scholar. A member of the bar in British Columbia and Ontario, Bruce is recognized nationally and internationally as a leading practitioner of Aboriginal law in Canada.
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