Aboriginal Title Litigation

For the past 35 years, we have fought on behalf of First Nations from across Canada. We have acted in many precedent-setting Aboriginal rights and title cases, beginning with the seminal decision of the British Columbia Court of Appeal in Martin v. British Columbia, 61 B.C.L.R. 145, in which the Court granted the request of the Nuu-chah-nulth First Nation, our client, to halt the logging operations of MacMillan Bloedel on Meares Island. This seminal decision marked the first time that a Canadian court agreed that injunctive relief could be based on Aboriginal rights.

More recently, we acted as senior trial and appellate counsel for the Tsilhqot’in Nation in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, in which the Supreme Court of Canada made a declaration of Aboriginal title for the first time in Canadian history. The Tsilhqot’in decision is widely regarded as one of the most important cases in the field of aboriginal law. We represented the Tsilhqot’in and spoke on their behalf.

Litigation will typically be a last-resort solution for a First Nation. Accordingly, RK Litigation offers its First Nation clients additional services, including strategic advice and representation relating to the Crown’s duty to consult and accommodate, assistance with treaty negotiation, advice concerning economic development and governance, and assistance challenging the regulatory and administrative law decisions made by the Crown.

Related Info

On June 26, 2014, the Supreme Court of Canada made a declaration of Aboriginal title over approximately 2,000 square kilometres of land in central British Columbia. The ground-breaking decision, written by the Chief Justice on behalf...

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