Aboriginal Rights Do Not Have To Be Proven Before A Claim In Tort Can Be Advanced

On April 15, 2015, the British Columbia Court of Appeal released its decision in Saik'uz First Nation and Stellat'en First Nation v. Rio Tinto Alcan Inc., 2015 BCCA 154. The Saik'uz and Stellat'en First Nations (the "Nechako Nations") had appealed a decision from the BC Supreme Court in which the chambers judge held that no reasonable causes of action existed against Rio Tinto Alcan Inc. until Aboriginal rights and title were proven or acknowledged by the Crown. The Court of Appeal overturned the decision and held that the BC Supreme Court had erred in deciding that the Nechako Nations could only bring a claim in tort once their Aboriginal title and rights were proven in court or acknowledged by the Crown. The decision is significant as the court recognized that Aboriginal title and rights exist independent of any recognition by the Crown and it now may be possible for First Nations groups to bring tort claims founded on Aboriginal title and rights, prior to those