Join us on Thursday, March 24th at 5 PM (PT)!
Room 115, Allard Hall
On January 7, 2022, the BC Supreme Court released a groundbreaking trial decision, holding that the Aboriginal fishing rights of two BC First Nations were sufficient proprietary interests to ground a tort action in private nuisance. The nuisance was alleged against an aluminum company whose operation of a dam and diversion on the Nechako River proved detrimental to the watershed's fish populations. While the nuisance was successfully made out, the Court found that the defendant company was not liable due to the statutory authorization of the dam. Instead, the Court declared that the Crown, pursuant to its obligations to Aboriginal peoples under s. 35 of the Constitution Act, 1982, held a duty to ensure that all rights of the plaintiff First Nations were upheld.
Hear from plaintiffs' lawyers from Ratcliff LLP about their litigation strategy during the trial stage and how arguments were ultimately received by the Court.
Featuring:
Free and open to the public. Masks and proof of vaccination required.
Eligible for 1 hour CPD credit.
Co-sponsored by Allard Indigenous Legal Studies, UBC Indigenous Law Students' Association, and UBC Environmental Law Group
- Centre for Law and the Environment
- Indigenous Legal Studies
- General Public
- Student Events