ARTICLE · 09 OCTOBER 2013

Can Individuals Assert Collective Aboriginal And Treaty Rights? Maybe.

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On May 9, 2013, the Supreme Court of Canada issued its decision in Behn v Moulton Contracting Ltd., 2013 SCC 26.

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On May 9, 2013, the Supreme Court of Canada issued its decision in Behn v Moulton Contracting Ltd., 2013 SCC 26. Moulton brought an action against several members of the Aboriginal Fort Nelson First Nation ("FNFN") after said individuals had erected a camp blocking the company's access to its logging sites. Moulton had received authorization from the Ministry to harvest timber on the FNFN lands. Throughout the licensing process, the Behn family headman had not responded to any of the consultation efforts, and first challenged the Government's authorizations only after issuance. Neither the FNFN nor the defendant individuals raised concerns with Moulton when the licences were originally granted.

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