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ARTICLE · 21 APRIL 2015

Court Upholds First Nations’ Right To Bring Claims Based On Interference With Unproven Aboriginal Rights And Title

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It is important to note that the court's reasoning is not only applicable to aboriginal rights but also to treaty rights, which are equally protected by section 35 of the Constitution Act, 1982.

CanadaGovernment, Public Sector
Roy Millen
Roy Millen
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In its recent decision in Saik'uz First Nation and Stellat'en First Nation v. Rio Tinto Alcan Inc., the Court of Appeal for British Columbia (BCCA) confirmed that First Nations may bring actions against private parties in nuisance and breach of riparian rights on the basis of unproven aboriginal rights and title claims as well as Indian reserve rights.

BACKGROUND

Rio Tinto Alcan Inc. (RTA) owns the Kenney Dam (Dam) on the Nechako River (River) in northwestern British Columbia. The Saik'uz First Nation and Stellat'en First Nation (First Nations) allege that the Dam's diversion and alteration of the water flowing to the River has caused significant adverse impacts on their fisheries resources. The First Nations claimed these impacts unreasonably interfered with their unproven aboriginal title and rights, and their interests as beneficial holders of Indian reserves, justifying an action in nuisance and for breach of riparian rights.

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