Litigation

Aboriginal Rights, Title, Governance and Culture litigation in by HTG member First Nations.

Hul'qumi'num peoples have asserted Aboriginal rights through courts and administrative tribunals on many occasions. These cases have been heard at all levels of court and tribunal, from the Inter-American Commission on Human Rights and the Supreme Court of Canada to the British Columbia Environmental Appeals Board. Asserting rights in these venues has led to mixed results for Hul'qumi'num peoples.

Many rulings on hunting and fishing rights have come down in favour of the federal and provincial governments. Similarly, Hul'qumi'num peoples have failed to establish certain cultural practices as aboriginal rights and in arguing that the government inadequately fulfilled its duty to consult.

There have also been victories. The Environmental Appeal Board has upheld conditions on the spraying of pesticides in traditional territory and the Supreme Court upheld the constitutionality of a communal fishing licence that provided for commercial activity.

Most notably, the Hul'qumi'num Treaty Group successfully argued at IACHR that the Commission should hear their case on its merits, with the Commission rejecting Canada’s argument that the HTG had not exhausted all of their domestic remedies.

Summaries of the cases from HTG territory, links to the complete decisions, and specific locations where the cases emerged can be found on the map.