Stockwoods lawyers are involved in two major aboriginal law cases before the Supreme Court of Canada during the week of November 28th.
On November 30th, Nader Hasan, Justin Safayeni and Pam Hrick will represent the appellants in Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. The appellants are challenging a decision of the National Energy Board authorizing seismic testing in the waters off Baffin Island, where the Inuit in the region traditionally hunt and fish. In addition to the potential environmental impacts of seismic testing, the case raises several issues concerning the Crown’s constitutionally-grounded duty to consult aboriginal peoples when making decisions with potentially serious adverse effects on their rights – including what kind of regulatory process (if any) can discharge the Crown’s duty to consult, and what level of Crown participation is necessary before a decision is made. The case has received considerable media attention, including stories in the National Post, the Huffington Post, the Toronto Star and on the CBC. To read the appellants’ factum, click here.
The following day, the Supreme Court will hear the case of Ktunaxa Nation Council v Minister of Forests (B.C.), which is an appeal raising issues at the intersection of religious freedom and aboriginal rights. Nader Hasan and Justin Safayeni represent a multi-faith coalition comprised of the Canadian Muslim Lawyers Association, the South Asian Legal Clinic of Ontario and Kootenay Presbytery (the United Church of Canada). The case stems from a Ministerial decision to allow a ski resort to be built in a valley – an act the claimants argue will render their religion meaningless. To read the coalition’s factum, click here.
