Jun 222013
 
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Beaver Lake Nation lawsuit charges breach of treaty rights.

by Brandi Morin

 
A First Nation from Alberta is hailing a court victory in its fight against expanded oil sands development near traditional territories and hunting grounds with the dismissal of a government appeal attempting to block their case.

Beaver Lake Cree Nation first went to court against the provincial and Canadian governments in 2008 alleging breach of treaty rights. The Canadian and Alberta governments joined forces to get the lawsuit dismissed, but lost a year ago when the Court of the Queen’s Bench upheld the lawsuit despite the provincial and federal governments’ attempts to throw it out, on grounds that it was frivolous. In her decision last year, Justice Beverley Browne said the case raises issues and questions about aboriginal consultation overall that need to be addressed. (Related: Beaver Lake Cree Nation Allowed to Continue Lawsuit Against Province and Feds)

The two governments appealed. The April 30, 2013, Court of Appeal of Alberta decision puts the case one step closer to proceeding to trial…

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