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ARTICLE · 13 APRIL 2022

Revisiting Advance Costs For Public Interest Litigation: Beaver Lake Cree Nation Case

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On March 18, 2022, the Supreme Court of Canada issued a decision in Anderson v Alberta [Beaver Lake Cree] that elaborates on the test for awarding advance costs to offset the expenses of ...

CanadaGovernment, Public Sector
David Bursey
David Bursey
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On March 18, 2022, the Supreme Court of Canada issued a decision in Anderson v Alberta [Beaver Lake Cree] that elaborates on the test for awarding advance costs to offset the expenses of public interest litigants. The decision arises in the context of Indigenous rights litigation, but extends to other cases involving public interest issues.

Background to the Case

In 2008, Beaver Lake Cree Nation (BLCN), a Treaty 6 Nation, initiated a claim against Alberta and Canada for improperly allowing its lands to be taken up for industrial and resource development through many years of activity permitting without adequately considering the cumulative effects. The case is scheduled for a 120-day trial beginning in January 2024. BLCN estimates the litigation will cost $5 million. It brought a preliminary application to seek advance costs to fund the litigation.

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