On May 2, 2019, the BC Court of Appeal confirmed that aboriginal rights protected by section 35 of the Constitution Act, 1982 may be exercised by modern indigenous collectives who descend from historic collectives that exercised the practice, custom, or tradition in that territory, if there is continuity between the practices of the modern and historic collectives. Reconciliation of pre-existing Indigenous societies with the assertion of Crown sovereignty requires the protection of those rights – even where the modern members no longer reside in the traditional area in question.

The Cowichan Nation is taking legal action in the Supreme Court of British Columbia to recover its government-owned lands near the mouth of the Fraser River in British Columbia. The case is based on Cowichan Nation Aboriginal title to approximately 1900 acres of traditional village and surrounding lands on the south shore of Lulu Island now in the city of Richmond, as well as a Cowichan Nation Aboriginal right to fish the south arm of the Fraser River for food.

On December 13, 2018, the Additions to Reserve Land and Reserve Creation Act (“ARLRC Act”) received Royal Assent.

On August 30th, 2018 the Federal Court of Appeal (“FCA”) unanimously quashed Canada’s decision to approve the expansion of the Trans-Mountain Pipeline (the “Project”). The court’s decision focused on two key errors, one by the National Energy Board (“NEB”), and one by Canada.

BC’s application portal is open! Applications for private non-medical cannabis retail licenses are now available.

A recent judicial review of election results under the Dene Tha’ First Nation custom election code finds that courts should give deference to Indigenous laws and decision-makers when reviewing Indigenous laws enacted as part of the power of self-governance.

First Nations should be aware of recent incidents of travel bans imposed by United States border agents on individuals involved in the legal cannabis industry in the U.S. and Canada. These incidents have serious implications for any First Nation group or individual participating in the legal cannabis industry, and particularly for those who maintain cross-border cultural and family connections.

On March 20th, 2018, the British Columbia Supreme Court released a decision that considered for the first time how to resolve conflicts between the twin constitutional obligations placed on the Crown under s. 35: treaty obligations, and the duty to consult with respect to asserted rights and title.

On February 6, 2018, the government of Canada introduced Bill C-68 to the House of Commons. The Bill proposes An Act to amend the Fisheries Act and other Acts in consequence and was announced by Fisheries Minister Dominic LeBlanc as part of a promised overhaul of the Fisheries Act by the Liberal government.

On February 2nd, 2018, the Supreme Court of Canada released its decision in Williams Lake Indian Band v. Canada (Aboriginal Affairs and Northern Development). In essence, the Court determined that Canada can be liable for breach of a fiduciary duty both before and after Confederation.