Lax Kw’alaams Indian Band v. Canada (Attorney General)

Supreme Court of Canada – [2011] 3 S.C.R. 535

British Columbia Aboriginal rightsHonour of the CrownTraditional territory

Summary

The Supreme Court refused to recognize an extended aboriginal right to trade fish on ancestral territory. The possible evolution of Aboriginal rights is acknowledged, but within qualitative and quantitative limits that do not permit the creation of a new right.

Issue

Do the practises, costumes, and traditions of the Lax Kw’alaams allow for the recognition of the modern right to commercial harvesting and sale of all varieties of fish?


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Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council

Supreme Court of Canada – [2010] 2 S.C.R. 650

British Columbia Aboriginal rightsConsultationHonour of the CrownTraditional territory

Summary

This decision confirmed that First Nations can obtain compensation for lack of consultation. Any effect on an Aboriginal right must be harmful and novel in order to trigger a duty to consult. If the resource was modified a long time ago and the government action poses no new threat, the obligation is to compensate and not to consult.

Issue

Is the British Columbia Utilities Commission (the “Commission”) required to consider the issue of consultation with the CSTC First Nations in determining whether the sale of excess power from a dam to a Crown corporation is in the public interest? Does the duty to consult apply in situations where a land claim is pending?


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