Judicial Review

Judicial review of statutory decisions has proven to be an effective approach to the protection of Treaty rights that are being threatened by resource development on Treaty lands. All of our clients are faced with resource development encroachment on their reserve lands and within the broader Treaty territory, and are often compelled to challenge permits or licences when consultation has been inadequate. We have extensive experience in this form of litigation, which often involves administrative, environmental and Aboriginal law.

The strength of our experience in this area is demonstrated by our significant victories for our First Nations clients in Halfway River First Nation v. British Columbia (Ministry of Forests), Liidlii Kue First Nation v. Canada and Mikisew Cree First Nation v. Canada, all judicial reviews based on lack of adequate consultation by the Crown. The Mikisew case was upheld by the Supreme Court of Canada and has become one of the leading consultation cases in Canada.