Historic Ruling Allows Canadian First Nations to Sue for Property Rights

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

OTTAWA, Canada – The British Colombia Court of Appeals in western Canada has ruled that two Canadian First Nations will be allowed to bring their property rights claims against Rio Tinto Alcan, a major Canadian mining corporation, to trial. The Saik’uz and Stellat’en First Nations are suing the company for nuisance and breach of riparian water rights with respect to the Kenney Dam and Alcan Reservoir. A lower court threw the case out of court, denying the First Nations their right to have their day in court, however the Court of Appeals decision will allow the case to move forward.

A view of the The Nechako, located in First Nation’s traditional territory, suffered ecological damaged when the Kenney dam was built to power the Rio Tinto Corporation’s smelter in Kitimat (Photo courtesy of the Canadian Broadcasting Corporation)

The Saik’uz and Stellat’en First Nations are located downstream of the company’s Kenney hydroelectric dam and reservoir. The First Nations’ case claims that the Alcan Corporation’s operations of its dam and reservoir, including the diversion of water from the Nechako River which has been occurring since the 1950’s, are causing significant impacts to the Nechako River which damages the aboriginal lands of the First nations and destroys the local fisheries and aboriginal rights and title of the two First Nations.

“We are very pleased with the court’s decision,” Saik’uz First Nation Chief Stan Thomas said in a statement. “We intend to pursue our action for an injunction to protect the Nechako River, our fisheries and our way of life.” The Stellat’en First Nation Chief Archie Patrick said the decision recognizes the that First Nations’ aboriginal title exists and that first nations are entitled to the same private law protections as any other individual land owner in Canada. “We are pleased that the Court of Appeal recognized that First Nations’ aboriginal title exists, prior to proof in court or treaties with government,” Chief Patrick said “Our Peoples are determined to continue to seek justice for our rights and the Nechako River.”

The First Nations’ lawyer, Gregory McDade, said the British Colombia Court of Appeal’s decision is significant ruling in aboriginal law; saying, “It recognizes that First Nations have existing legal rights that are subject to protection now, and that third party industrial interests must respect those rights.”

The decision could be a landmark ruling in Canadian Indigenous Law, the case recognizes that First Nation property rights exist, even where the First Nations do not hold title to the land, and acknowledges that claims regarding violations of those rights should be allowed to be heard in court. The case will likely open the door for claims against Canada’s Industrial giants including large forestry and mining corporations, including those profiting from the controversial practice of Oil Sands development which has caused pollution in Canada’s once pristine western rivers and ecosystems.

For more Information please see:

Canadian Broadcasting Corporation – B.C. First Nations Can Sue Over Property Rights, Court Rules – 16 April 2015

The Providence – Appeal Court: No Title? No Problem. Aboriginals Can Sue Over Territorial Claims – 16 April 2015

The Vancouver Observer – Court Rules First Nations Can Sue Over Property Rights – 16 April 2015

The Prince George Citizen – Appeals Court Breathes New Life into Lawsuit against Rio Tinto Alcan – 15 April 2015

Appeals Panel To Address Obama’s Immigration Overhaul

By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States of America – On Friday, April 17, administration lawyers will ask s federal appeals court to lift an injunction blocking President Barack Obama’s executive action meant to help undocumented immigrants. The injunction was issued in February by a Texas-based U.S. district Court Judge, Andrew Hanen, the purpose of the injunction was to halt programs intended to shield 4.7 million undocumented immigrants from deportation.

 

Photo Courtesy of the New York Times

Hundred of pro-immigrant advocated are expected to rally in front of the U.S. Fifth Circuit Court of Appeals courthouse in New Orleans where the arguments in the case are set to be heard.

The hearing before a three-judge panel, will allow lawyers for both sides to make their cases publicly. In similar cases, the appeals court will make a decision based solely on written briefs. However, because of the media attention surrounding this case, each side will have an hour to argue their case.

Government attorneys are expected to insist that the states have no right to challenge the executive actions because they will suffer no direct harm is the policies are carried out. President Obama has previously declared in November, that he was operating within his rights to take unilateral action in the face of years of refusals by congressional Republicans to change immigration laws. If the government lawyers fail to reverse the judge’s preliminary injunction, Obama’s immigration efforts could remain in legal limbo, raising doubts about whether the policies will be carried out before the president leaves office.

However, if the appeals court lifts Judge Hanen’s injunction, administration officials may quickly move to carry out the executive action. Thus, allowing millions of undocumented immigrants to begin applying for protection under a program that would allow them to remain in the country legally but would not provide a path for citizenship. If the injunction is lifted, opponents are expected to block the action by appealing to the Supreme Court.

Still, it is unclear whether the Obama administration will prevail in the Fifth Circuit, considered one of the most conservative courts in the country.

 

For more information, please see the following:

HUFFINGTON POST –Immigration Fight Heads to Federal Appeals Court – 17 Apr. 2015.

NEW YORK TIMES – Obama’s Immigration Overhaul, Halted by Judge, Comes Before Appeals Court – 17 Apr. 2015.

REUTERS – Immigration Fight Heads to Federal Appeals Court – 17 Apr. 2015.

YAHOO! – Immigration Fight Heads to Federal Appeals Court – 17 Apr. 2015.