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Whose Rule of Law? Case Comment on CN Rail v. Doe – First Peoples Law

January 26, 2022

In 2020, the conflict over the Coastal GasLink pipeline in northern BC ignited a series of country-wide solidarity actions in support of Wet’suwet’en hereditary leaders who sought to protect their territory from unwanted development.

Two years later, the fallout from those actions continues to play out in the courts, including in the recent Canadian National Railway Company v Doe decision. Below, we consider the implications of the decision and what it reveals about Canadian courts’ approach to the ‘rule of law’ in the context of Indigenous law and jurisdiction.

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