Moulton Contracting v. British Columbia: Collective Rights vs. Individual Rights

Here’s an interesting case for civil disobedience-minded aboriginals to remember.  In Moulton Contracting v. B.C., several members of the Behn family of  Fort Nelson First Nation blockaded a logging road which they had traplines on.  They did so because, they asserted, British Columbia did not consult with Fort Nelson in any meaningful way and because the logging (done by Moulton Contracting) interfered with their Treaty 8 rights.

However, the trial judge struck these paragraphs of their statement of defence out (and the appellate court affirmed)  because, the court held, individual members of the Fort Nelson First Nation did not have standing to advance the legal positions set out in those paragraphs because the rights asserted were collective rights of the Aboriginal community. 

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