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Trends to watch in tort liability for 2022: BC Supreme Court confirms private entities can rely on statutory authority as a shield to tort claims brought by Aboriginal rights holders

By Morgan Camley, KC
February 9, 2022
  • Civil Litigation
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The BC Supreme Court recently confirmed that third-party proponents can be held liable for torts affecting a First Nations’ established or claimed Aboriginal rights and title. However, the Court confirmed the defence of statutory authority can apply to relieve the third party from liability if the third party acts within the bounds of its statutory authorization.

We provide the highlights and key takeaways of the decision in Thomas and Saik’uz v. Rio Tinto Alcan Inc., 2022 BCSC 15 and how this decision is likely to set the stage in 2022 and beyond for other Indigenous nations to claim in tort against private entities operating on lands claimed as Aboriginal title lands, and in areas where Aboriginal rights are claimed or exercised. Read more.

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Morgan Camley, KC

About Morgan Camley, KC

Morgan Camley, KC, (She/Her/Hers) is a partner, leader of the Litigation and Dispute Resolution practice group in Vancouver and co-leader of the national Agribusiness sector group. Over the course of her 20-year (plus) career, she has distinguished herself as a results-driven lawyer who brings extensive experience in complex commercial litigation, agribusiness, public and administrative law, appellate practice, and Aboriginal law, as well as criminal and municipal law.

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