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ARTICLE · 22 NOVEMBER 2012

SCC Denies Leave, Confirming Class Action Not The Right Choice For Aboriginal Rights Claim

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November 15, 2012, the Supreme Court of Canada denied leave to appeal to Chief Robert Chamberlin, Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation regarding a BC Court of Appeal decision, which denied certification of a class action based on Aboriginal rights.

CanadaGovernment, Public Sector
Kevin O'Callaghan
Kevin O'Callaghan
Andrew Borrell
Andrew Borrell
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On November 15, 2012, the Supreme Court of Canada denied leave to appeal to Chief Robert Chamberlin, Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation regarding a BC Court of Appeal decision, which denied certification of a class action based on Aboriginal rights. The BC Court of Appeal had overturned a BC Supreme Court decision certifying a class action regarding a claim for damages and declaratory relief associated with impacts on Aboriginal Rights from the regulation of aquaculture in the Broughton Archipelago. In Kwicksutaineuk/Ah-Kwa-Mish First Nation v. Canada (Attorney General), 2012 BCCA 193, the BC Court of Appeal allowed the appeal holding that the BC Class Proceedings Act cannot be used to pursue these collective rights.

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