Aboriginal Peoples
Lands
Judicial review of Treasury Board’s decision to transfer remaining lands in federal inventory from former Canadian Forces Base (CFB) at Chilliwack, B.C. to Canada Lands Company CLC Limited (CLC)—Applicants filing statement of intent to negotiate treaty with respect to traditional territories including CFB Chilliwack—No agreement yet reached—Review of general principles on scope, content of duty to consult—Guiding principle maintaining honour of Crown, effecting reconciliation between Crown, Aboriginal peoples—Law regarding establishment of Aboriginal title in Canada reviewed—According to preliminary assessment, evidence of claim inconclusive—As to seriousness of potentially adverse effect, once lands pass to third parties, Crown’s ability to preserve Aboriginal group’s rights, title curtailed—But as applicants not using land in over a century, sale to CLC not entailing loss of any right previously enjoyed—Downplaying infringement not consistent with honour of Crown which requires reconciliation—While decision to convey land infringement of potential Aboriginal title, damage compensable—Unique importance of land beyond proprietary interest doubted—Duty to consult herein requiring good faith consultation, process aimed at addressing applicants’ concerns—Canada engaged in significant consultation with applicants between 1995, 2000—Duty to consult discharged—Articles of incorporation are source of CLC’s jurisdiction, powers—Federal Court not having jurisdiction over CLC—Application dismissed.
Tzeachten First Nation v. Canada (Attorney General) (T-754-07, 2008 FC 928, Tremblay-Lamer J., judgment dated July 30, 2008, 35 pp.)