Haida Nation v. B.C. (Minister of Forests) re Aboriginal rights and title claims

Date Closed

November 18, 2004

Lead Office

Vancouver

On November 18, 2004, the Supreme Court of Canada made a ruling under the principle of the honour of the Crown regarding Aboriginal rights and title claims, that where accommodation is required in making decisions that may adversely affect as yet unproven Aboriginal rights and title claims, the Crown must balance Aboriginal concerns reasonably with the potential impact of the decision on the asserted right or title and with other societal interests.

McCarthy Tetrault was counsel to an intervenor, B.C. Cattlemen’s Association, arguing that any Crown duty to consult Aboriginal people should not be imposed on industry and other third parties, but should rest exclusively with the Crown.