No Aboriginal Title Required: BC Court of Appeal Allows First Nations’ Civil Claim Against Alcan to Proceed – DLA Piper

On Wednesday April 15, 2015, the BC Court of Appeal released its decision in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc. In its decision, the court allowed the claims of the plaintiffs Saik’uz First Nation and Stellat’en First Nation (Saik’uz and Stellat’en) to proceed despite the fact that they are, in part, based upon unproven assertions of Aboriginal title. This precedent-setting decision could make litigation more attractive to First Nations unsatisfied with the results of consultation and accommodation.

Rio Tinto Alcan Inc. (Alcan) operates the Kenney Dam, located near the geographic centre of British Columbia, to power Alcan’s aluminum smelter near Kitimat, BC. In 2011, Saik’uz and Stellat’en commenced an action against Alcan alleging the company’s operation of the dam created a nuisance and breached the First Nations’ riparian rights within an area over which they claimed Aboriginal title. Neither Saik’uz nor Stellat’en holds a treaty and neither First Nation has proven aboriginal title. In response, Alcan sought an order to, among other things, have the court strike out the First Nations’ notice of civil claim.

Read More: https://www.dlapiper.com/en/canada/insights/publications/2015/05/no-aboriginal-title-required/