Thursday, April 16, 2015

First Nations can now sue to protect property rights

Today - First Nations were handed a very significant ruling from the BC Court of Appeal that gives them equal rights to sue over property rights, something that was not permitted previously for First Nations...

This court ruling was a result of an initial lawsuit from Sept 2011 resulting from the Rio Tinto Alcan Kenney hydroelectric dam and reservoir, in operation since the 1950s, causes nuisance and breaches their rights to the natural waterway that runs through their land. Local First Nations are seeking damages for property-rights violations, alleging the electricity generator has harmed the Nechako River system and its fisheries.

Rio Tinto Alcan is reviewing the decision and could appeal to the Supreme Court of Canada

Justice David Tysoe wrote in the BC Court of Appeal ruling that setting a separate standard for aboriginal people, before they can sue other parties to enforce their rights, is arguably inconsistent with the charter right to equality.

Read more here

~SF

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