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ARTICLE · 22 DECEMBER 2011

Aboriginal Law @ Gowlings, December 14, 2011

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On November 10, 2011, the Supreme Court of Canada (the "Court") unanimously dismissed an appeal made by Lax Kw’alaams and other First Nations ("Lax Kw’alaams") from the B.C. Court of Appeal.

CanadaLitigation, Mediation & Arbitration
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Edited by Maxime Faille

Supreme Court Of Canada Dismisses B.C. First Nation's Claim to Commercial Fishing

Lax Kw'alaams Indian Band v. Canada (Attorney General), 2011 SCC 56

Link: http://scc.lexum.org/en

On November 10, 2011, the Supreme Court of Canada (the "Court") unanimously dismissed an appeal made by Lax Kw'alaams and other First Nations ("Lax Kw'alaams") from the B.C. Court of Appeal.

The Lax Kw'alaams, whose ancestral lands are located between the estuaries of the Nass and lower Skeena Rivers in British Columbia, claimed a right to commercial harvesting and sale of "all species of fish" within their traditional waters. The Lax Kw'alaams also claimed that the Honour of the Crown was engaged and a Crown fiduciary duty arose in this respect, flowing from promises they asserted were made by the Crown during the reserve allocation process in the 1870s and 1880s. Further, near the end of the trial, the Lax Kw'alaams raised a new claim to other

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