Supreme Court of Canada – 2013 SCC 26
British Columbia Aboriginal rightsAbuse of processConsultationSummary
The Supreme Court tackles a long standing issue in aboriginal law: can Aboriginal individuals assert ancestral rights?
The Court decided that unless an individual was appointed to represent its First Nation as an ensemble in the defense of its rights, he or she can not assert a breach to the Crown’s duty to consult.
Individuals can nonetheless, in some instances, ask the government to discuss with them directly or assert their rights before the court when they have interest in an aboriginal or treaty right with an individual aspect
Issue