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The court struck a self-represented Haida plaintiff’s constitutional and Aboriginal-rights pleading, finding it lacked specific facts and had no reasonable prospect of success.
Appeals dismissed; trial judge did not err in finding Canada owed an ad hoc fiduciary duty as exclusive intermediary with discretionary control over the return plan, breached that duty by shelving the return plan which disadvantaged the respondents’ cultural interests, and was negligent; trial findings on Katherine’s abuse, credibility assessments, and the damages awards ($100,000 each for pain and suffering jointly and severally, $10,000 punitive damages against Katherine, and $150,000 each against Canada for loss of culture) are upheld; costs awarded to respondents $20,000 to be split betwe…
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The court found Peters First Nation councillors breached fiduciary duties and the band’s Financial Administration Law by self-paying, controlling funding, and misusing conflicts of interest.
The motions to stay the Order appointing an Independent Special Advisor and for an interim preservation order were dismissed because the Order Under Appeal is probably interlocutory such that this court likely lacks jurisdiction on the appeal, the moving parties failed to demonstrate irreparable harm from refusal of the stay, and the balance of convenience favoured allowing the St. Anne’s Review to proceed; additionally, a preservation order was unnecessary because Canada had undertaken to preserve relevant documents and the issue is before the supervising judge in ongoing proceedings.
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Cowichan Nation Plaintiffs were granted leave to intervene in an appeal about hearing fees and Indigenous rights, on the basis of a direct interest and a limited, distinct perspective.
The British Columbia Court of Appeal dismissed leave to raise a new s. 7 Charter challenge to s. 742.1(c) on sentence appeal, finding no sufficient record or justice-based exception.
Appeal sentence allowed in a case of intimate partner violence after fresh Gladue evidence was admitted and considered in reducing moral culpability.
Applying the connecting factors test and the triplet (purpose of exemption, type of property, nature of taxation), the predominant connecting factor is the place where appellants performed their work (Winnipeg). Although employer (TCIG) had connections to reserves, evidence of on-reserve business activity or direct benefit sufficient to situate appellants' employment income on a reserve was lacking. Therefore appellants' employment income for 2012 and 2013 was situated in Winnipeg and not on a reserve and the CRA reassessments are confirmed; appeals dismissed.
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Gladue factors were considered and weight given to rehabilitation and community interests but they did not eliminate the need for actual incarceration given the gravity and near‑fatal nature of the offence; four months imprisonment for s.267(a) (with one month credit), served intermittently so the accused can preserve employment and supports, plus an 18‑month probation and a consecutive two‑month conditional sentence for s.90 with strict house‑arrest conditions and ancillary DNA and firearms prohibitions, constitutes a fit global sentence balancing denunciation, deterrence, rehabilitation and…
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The court allowed the sentence appeal, held the offender should have been treated as a first-time offender, and adjusted pre-sentence custody credit to 358 days.
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