B.C. Court Denies First Nations Injunction Request To Stop Development Pending Resolution Of Action

On May 31, 2017, the British Columbia Supreme Court (Court) in Yahey v. British Columbia (Yahey) denied a second injunction application by Blueberry River First Nations (BRFN) to limit future development in certain portions of their traditional territory pending resolution of an underlying infringement claim. The decision demonstrates the reluctance of Canadian courts to issue "all-or-nothing" injunctive relief as an appropriate interim remedy for aboriginal and treaty right claims, emphasizing consultation and negotiation as the preferable means for achieving reconciliation.

BACKGROUND

In March 2015, BRFN began an action claiming infringement of its Treaty 8 rights by the provincial Crown (Province). BRFN's claim focuses on its "right to hunt in territories over which [it] traditionally hunted, fished and trapped". As an interim measure to protect its interests pending trial, BRFN has made two injunction applications to limit future development in its traditional