A British Columbia Supreme Court judge recently dismissed an action by the Gitxsan Nation against the Gitxsan Treaty Society (“GTS”) (oppression); Canada and British Columbia (breach of fiduciary duty and of duty of honour) and; the British Columbia Treaty Commission (negligence).
The plaintiffs’ complaint is that over the years the GTS has unduly restricted the involvement of the plaintiff hereditary chiefs and Indian bands in treaty negotiations. They complain that, amongst other things, GTS has declined to take direction or input from the Gitxsan chiefs, restricted debate on matters of concern to all Gitxsan, and conducted its affairs in a secretive and “oppressive” manner that was unfairly prejudicial to the plaintiffs.
The judge opined that “[w]ith respect, this is not a matter of aboriginal law. The issue before me is not the extent of aboriginal title or an issue of aboriginal rights. Rather, it is whether a statutory tribunal owes a duty of care to individual members of organizations who may be affected by its actions.”
Here’s the decision.
Turtle Talk 