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Canada Case Law

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Indigenous law 2022 BCSC 1443

Mathias v. Squamish Nation

The court dismissed an injunction application seeking to stop development of the BIRT project and held that late affidavits filed by the petitioner were inadmissible.

  • Amalgamation of bands
  • De-amalgamation
  • Interlocutory injunction
  • Service and admissibility of affidavits (rule 8-1)
  • Consultation obligations
  • Accounting of funds
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Administrative law 2021 BCSC 1884

Mathias v. Squamish Nation

The court dismissed a bid to strike a petition challenging a 1923 band amalgamation, finding it had jurisdiction over claims against the Squamish Nation.

  • Amalgamation of bands
  • Jurisdictional challenge
  • Mandamus and prerogative relief
  • Declaratory relief
  • Accounting and receiver appointment
  • Statutory interpretation (federal courts act; indian act)
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Aboriginal law 2020 FC 129

Watson v. Canada

The Federal Court held that the Chacachas and Kakisiwew Bands were unlawfully amalgamated without consent, and that Treaty 4 was not implemented in accordance with the honour of the Crown.

  • Amalgamation of bands
  • Treaty land entitlement
  • Fiduciary duty of the crown
  • Honour of the crown
  • Limitation periods and discoverability
  • Standing and representative proceedings
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.