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Canada: BC Court Of Appeal Affirms The Western Boundary Of Treaty 8 Is The Arctic-Pacific Divide – Mondaq

by ahnationtalk on June 5, 202063 Views

On May 19, 2020, in a split decision, the Court of Appeal affirmed the lower court decision regarding the location of the western boundary of Treaty 8, finding it is the height of land along the Arctic-Pacific Divide, and not the more easterly boundary of the height of the Rocky Mountains asserted by British Columbia and a number of non-Treaty 8 First Nations (West Moberly First Nations v. British Columbia, 2020 BCCA 138).

The decision rules on a long-standing dispute between Canada and the province as to the location of the boundary. The Court affirmed the view shared by Canada and a number of Treaty 8 First Nations that Treaty 8 includes approximately 48,000 square miles west of the Rocky Mountains in north-central British Columbia, which BC and a number of other First Nations asserted were not within the Treaty territory.

The decision also comments at length on treaty interpretation and the law of declaratory relief.

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