Potential adverse impact on Aboriginal rights non-appreciable and speculative in nature

Federal court | Aboriginal Peoples

CROWN RELATIONSHIP

Potential adverse impact on Aboriginal rights non-appreciable and speculative in nature

Ratification of Agreement between Government of Canada and Government of People’s Republic of China for Promotion and Reciprocal Protection of Investments (“CCFIPPA”) was pending. Applicant sought declaration that Canada was required to engage in process of consultation and accommodation with First Nations including applicant prior to ratification or taking other steps that would bind Canada under CCFIPPA. Application was dismissed. Potential adverse impact applicant claimed CCFIPPA might have on Aboriginal rights due to changes CCFIPPA might bring about to legal framework applicable to land and resource regulation in Canada were non-appreciable and speculative in nature. Applicant did not establish causal link between potential adverse impacts and CCFIPPA. Same was true with respect to potential adverse impacts applicant claimed CCFIPPA might have on scope of self government it could achieve. Ratification of CCFIPPA by Government of Canada without engaging in consultations with applicant would not contravene principle of honour of Crown or Canada’s duty to consult applicant before taking any action that might adversely impact on applicant’s asserted Aboriginal rights.
Hupacasath First Nation v. Canada (Minister of Foreign Affairs) (Aug. 26, 2013, F.C., Paul S. Crampton J., File No. T-153-13) 232 A.C.W.S. (3d) 283.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights