On May 2, 2024, the British Columbia Supreme Court denied an injunction motion brought by Actton Super-Save Gas Stations Ltd. (Super-Save) to continue occupying a gas station on Indian Act reserve lands, finding that the Court did not have jurisdiction to grant an order that would circumvent the strict rules for land occupation set out in the Indian Act.1
The decision is an important reminder that many legal principles, such as principles of common law, equity, and some provincial laws do not apply to activities on reserve lands to the extent that they conflict with the Indian Act.
Cassels successfully represented the defendants.
To learn more about this ruling, click here to view our Cassels comment.