Arend Hoekstra Discusses Implications of Recent BCSC Decision on Aboriginal Law with the Financial Post

Arend Hoekstra recently discussed the Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc. decision with the Financial Post.

This decision, notes Julius Melnitzer, “marks the first time that Canadian law has recognized First Nations’ right to rely on a tort — a wrongful act or infringement of a right other than under a contract — to ground liability against a private developer.”

Says Arend: “While litigation has historically focused on the relationship between the Crown and Indigenous people, this decision opens the door for greater litigation between Indigenous peoples and proponents.”

Read the full article here.

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You can learn more about this decision in our recent Insights:

• BCSC Decision Suggests Implications for UNDRIP Legislation in Canada
• BCSC Finds Companies Can Be Liable in Tort for Impacts to Aboriginal Rights, But Defences Exist