K'omok First Nation v. Canada (A.G.), 2012 FC 1160

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on (Updated )

This cased involved a challenge by the K’omoks First Nation (“FN”) with respect to the granting of four aqua-culture licences issued to non-members of the FN in its claimed traditional territory in 2010 shortly after the Federal Government took over jurisdiction for regulating aqua-culture following the Morton decision. It also involved a challenge to the Minister of renewal of these …

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Kwicksutaineuk Ah-kw A-mish First Nation v. Canada (A.G.) et al., 2012 FC 517

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on (Updated )

This was an application for judicial review that was a direct consequence of the Morton decision that held the provincial regulatory regime over fin fish aquaculture was constitutionally invalid. As a result of this decision, the federal government was given one year to consider and put into place a regulatory regime over aquaculture in B.C. This meant approximately 680 provincial …

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R v. Armstrong, 2012 BCCA 242

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability, Miscellaneous, Offences on (Updated )

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Ahousaht Indian Band and Nation v. Canada (Attorney General), 2011 BCCA 237

In Aboriginal Rights/Defences, Fish Cases on (Updated )

This case involved a claim by five Nuu-chah-nulth ("NCN") First Nations with territories situated on the west coast of Vancouver Island to a wide range of aboriginal fishing rights over a large geographical area including submerged lands extending 100 nautical miles into the ocean and rivers. After a lengthy trial, the trial court: (1) Granted a judgement declaring an aboriginal …

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Lax Kw'alaams Indian Band v. Canada (Attorney General), 2011 SCC 56

In Aboriginal Rights/Defences, Fish Cases on (Updated )

This case involved a claim by a group of Coast Tsimshian First Nations located near Prince Rupert, B.C.) for a declaration of entitlement to harvest all species of fish, shellfish and aquatic plants in their tribal territories and sell them on a commercial scale. The trial and related proceeding took 125 days resulting in a trial judgement that was released …

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Canada v. Robertson, 2012 FCA 94

In Aboriginal Rights/Defences, Fish Cases, Taxation on (Updated )

Application for leave to the Supreme Court of Canada was dismissed on 20 March 2012 2012 CanLII 64752 (SCC)

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