First Nations Launch Lawsuits In Alberta, Manitoba And Ontario

Three separate lawsuits have been commenced by First Nations against the Attorney General of Canada and the provinces of Alberta, Manitoba and Ontario claiming breach of treaty rights and fiduciary duty. These recent claims are indicative of the mounting litigation faced by the governments of Canada and the provinces for unsettled aboriginal rights claims and infringement of treaty rights. The content of the claims also presents a risk to resource developers.

In Alberta, the Beaver Lake Cree Nation (Beaver Lake) has filed an action against the province and the Attorney General of Canada for breach of its treaty rights. Beaver Lake is a signatory to Treaty 6 and claims the right to trap and fish certain wildlife species for subsistence, for cultural, social and spiritual needs, and to sell and trade for livelihood purposes throughout the tract of land surrendered under Treaty 6. Beaver Lake claims