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.
