Damages Claim For Treaty Infringement From Cumulative Impacts Allowed To Proceed

In Lameman v. Alberta, 2013 ABCA 148, the Alberta Court of Appeal dismissed an appeal by the Crown in Right of Alberta ("Alberta") and the Attorney General of Canada ("Canada") from a decision of the Alberta Court of Queen's Bench refusing to strike portions of the Statement of Claim of the Beaver Lake Cree Nation ("BLCN"). By affirming the lower court's decision, the Court of Appeal allowed the BLCN's claim for damages for treaty infringement to proceed. The basis for the BLCN's claim is that the cumulative impacts of past Crown authorizations for resource development in their traditional territory unjustifiably infringes their rights to hunt, trap, and fish under Treaty 6.

Background

BLCN is a signatory to Treaty 6. Under Treaty 6, the signatory First Nations surrendered certain lands to the Crown in exchange for reserve land and other benefits, including the right to hunt, trap, and...