(Vancouver, BC) The First Nations Summit is applauding the ruling of the BC Court of Appeal (BCCA) released today in the Musqueam Indian Band v. British Columbia (Minister of Sustainable Resources) case.
In this case the Musqueam First Nation, through appeal, sought to block the transfer of lands (known as the UBC Golf Course lands) from the Crown to the University of British Columbia because the Crown had not fulfilled its legal obligation to consult and accommodate with the Musqueam First Nation. In their decision the three BCCA Justices unanimously agreed to allow the Musqueam appeal as the consultation and accommodation process the Musqueam was subjected to was defective.
“It is very clear that the BCCA clearly took into consideration the recent Supreme Court of Canada decisions in the Haida and Taku River Tlingit cases. This case along with others such as Homolco (Blaney) v BC clearly demonstrate governments prevailing attitude of ‘business as usual’ is not good enough. The legal ground has shifted in very significant and constructive ways. It is important that the courts have pushed the Crown and First Nations to work together towards fair and just agreements” said Grand Chief Edward John, a member of the First Nations Summit Political Executive.