BONUS: Haida Nation v British Columbia (Minister of Forests) #BCITCollab

Legal Listening

Welcome back to the C O L L A B ZONE!

Today we continue our new series of bonus episodes which we recorded with the help of students from the British Columbia Institute of Technology!

As part of our ongoing engagement with Call to Action #27 of the TRC, we created a series of summaries of key Aboriginal case law decisions so that legal students, practitioners, and the public can further engage and learn about how our Canadian legal system treats Indigenous peoples. Some of these decisions are already available in full in other episodes, others we are still working on releasing as full recordings. We worked on this project with students from the British Columbia Institute of Technology, who generously donated their time to record the summaries for us. We also want to thank the 1492 Windsor Law Coalition who provided the basis for some summaries.

Today we have Haida Nation v British Columbia (Minister of Forests), a 2004 SCC decision. The Haida people had claimed title to the lands of the Haida Gwaii but had no legal title. The BC government issued a Tree Farm license, and then transferred that license. The Haida challenged the transfer as it was made without their consent. The SCC held there was a Duty to Consult and discusses the basic principles related to the Duty to Consult.

Link to the full decision: https://www.canlii.org/en/ca/scc/doc/2004/2004scc73/2004scc73.html?autocompleteStr=haida%20nation%20v%20Briti&autocompletePos=1

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