Aboriginal Rights

British Columbia Supreme Court Held That Province Did Not Meet “Duty To Consult” Standard With Adams Lake Indian Band

Peter Scott Vicaire2 Comments

In Adams Lake Indian Band v. British Columbia (Lieutenant Governor in Council), [2011] B.C.J. No. 363, the British Columbia Supreme Court allowed a petition by the Adams Lake Indian Band, which was resisting the actions of a ski resort seeking status as an incorporated municipality. 

The Band claimed that the area in question is part of their traditional territory and that the provincial government failed to adequately consult it about the formation of a new municipality.

The province maintained there was adequate consultation and accommodation of the Band’s concerns and interests.  The court disagreed.

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Cardinal Redux: Aboriginals’ Convictions For Selling Fish on Reserve Upheld

Peter Scott Vicaire

In R. v. Cardinal, [2011] A.J. No. 203, members of the Beaver Lake Cree Nation were convicted of selling fish on their reserve without a commercial license.  Their convictions were upheld by the Alberta Court of Appeal.

Here’s the decision.  An excerpt is below.

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Trashy Decision For B.C. — Nlaka’pamux Nation Tribal Council v. British Columbia

Peter Scott Vicaire

A recent appeal by the Nlaka’pamux Nation (in the B.C. Court of Appeal) was upheld because it was determined that British Columba did not adequately meet its duty to consult requirements.  The appeal was in regard to the extension of a landfill over land which the First Nation claimed Aboriginal rights and title.

Here’s the decision .  Below is an excerpt.

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“Indigenous Title” vs. “Aboriginal Title” – Louison v. Ochapowace Indian Band #71

Peter Scott Vicaire3 Comments

In Louison v. Ochapowace Indian Band #71 , William Louison tried to sue the Ochapowace Indian Band #71, its corporation (312050 Saskatchewan Ltd.) and the province of Saskatchewan – not only in his personal capacity but also “in a representative capacity on behalf of all Indigenous Peoples of Saskatchewan.”

Mr. Louison was living on a certain tract of land which the Ochapowace Band held the only legally recognizable right to and which it was attempting to remove him from.  Louison claimed that he was a “North American Indigenous Person” and that the subject lands were settled by his ancestors. He also claimed that the land in question was traditional “Indigenous Peoples lands” and that he had the right to use the land by way of Indigenous Title.   Therefore, he refused to give up possession of the land.

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